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8.1. SR 02-19-2019
The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To Mayor and City Council Item Number 8.1 Agenda Section General Business Meeting Date February 19, 2019 Prepared by Zack Carlton, Planning Manager Item Description Resolution for Finding of Fact: CUP Request by ResCare Minnesota Reviewed by Peter Beck, City Attorney Reviewed by Cal Portner, City Administrator Action Requested Adopt, by resolution, the finding of fact denying a Conditional Use Permit to allow establishment of an Institutional Use by ResCare Minnesota, Inc. at 633 Upland Ave NW. Background/Discussion Case No. CU 18-19 On January 22, 2019, the City Council reviewed the Conditional Use Permit (CUP) request from ResCare Minnesota, Inc. to establish an Intensive Residential Treatment Services (IRTS) facility – Institutional Use – at 633 Upland Ave NW. Council evaluated the application against the standards for approval outlined in Sec. 30-654, and concluded the standards had not been met. The City Council voted 3-2 to direct staff to prepare a resolution outlining the findings of fact for denial of the CUP at their February 4, 2019, regular meeting. On February 4, 2019, Council continued the item to February 19, 2019, to allow additional time for inclusion of additional findings of fact. Statutory Review Period In accordance with State Statute §15.99, the required 60-day review period was extended to February 22, 2019. Attachments Letter from ResCare dated February 1, 2019 Letter from ResCare dated February 12, 2019 Public Emails Resolution for Finding of Fact November 27, 2018, Planning Commission Minutes December 17, 2018, Council Agenda Item and Minutes January 22, 2019, Council Agenda Item and Minutes Letter from Janet Nelson dated February 14, 2019 2350 WYCLIFF STREET - SUITE 200 • SAINT PAUL, MINNESOTA 55114 TELEPHONE 651-224-3781 • FACSIMILE 651-223-8019 www.kellyandlemmons.com Kelly & Lemmons, P.A. A T T O R N E Y S A T L A W • Patrick J. Kelly pkelly@kellyandlemmons.com Licensed in Minnesota and Wisconsin February 1, 2019 VIA EMAIL Peter Beck Beck Law Office 4746 Sheridan Ave. S. Minneapolis, MN 55410 RE: ResCare Conditional Use Permit Application Dear Mr. Beck, The January 22, 2019 City Council meeting was disappointing to my client and to the people and citizens that are in need of a ResCare facility. As you know, the IRTS are designed to develop and enhance psychiatric stability, personal and emotional adjustment, self- sufficiency, and skills to live in a more independent setting. The ResCare use complies with the ordinance definition of an institutional use as it is a healthcare facility offering principally inpatient care. The property is located in the R-1C zoning district which allows institutional uses and a conditional use. The site is guided for urban residential uses and the proposed use is consistent with residential uses identified in the zoning code and according to staff the project is consistent with the comprehensive plan. In approving a conditional use permit, the council may impose such specific conditions with regard to the development or operation of the proposed use as it considers necessary to satisfy the seven standards set forth in Section 30-654 and the requirements contained this article and to promote compatibility with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city. The City of Elk River has a competent planner and planning staff to evaluate and advise the council with respect to zoning and applications for conditional use permits. The planner processed the ResCare application and evaluated whether it satisfied the seven standards of development or operation of the proposed use. 2350 WYCLIFF STREET - SUITE 200 • SAINT PAUL, MINNESOTA 55114 TELEPHONE 651-224-3781 • FACSIMILE 651-223-8019 www.kellyandlemmons.com Specifically, the planner addressed the issuance of the conditional use permit at the proposed location. In the planner and staff evaluation, the first standard was addressed as follows: 1. Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. The proposed use is self-contained, regulated by the State of MN, does not generate significant traffic, and does not appear to pose a security threat to nearby residents. The site is adjacent to Highway 10 with access to a signalized intersection and any traffic generated by the use will likely utilize this intersection. For these reasons, along with the extensive screening, the us is not expected to detrimentally affect the use and enjoyment of the other property in the area. On November 27, 2018, the planner submitted recommendation by motion, approval of the conditional use permit to operate a conditional use at 633 Upland Ave with the following condition: 1. A copy of the Intensive Residential Treatment Services (IRTS) License from the State of MN must be submitted to the city. 2. The SAC/WAC Unites will be reassessed in order to decide if an additional WAC Fee will need to be paid based on the change in use. 3. Smoking shall not be allowed in the building, and a designated smoking area outside of the building must be identified on the site plans. The Planning Commission conducted the public hearing and received comment from one citizen and asked questions of ResCare and planning staff concerning the application. After the close of the public hearing and after reviewing reports and comments, the Planning Commission recommended approval of the condition use permit unanimously. On December 17, 2018, the City Council discussed the request for the conditional use permit. During public hearing, the residents asked a number of questions regarding ResCare’s operation and noted a number of concerns about potential impacts to public safety. After the public hearing was closed, City Council directed staff to consult with the police chief regarding potential safety concerns. Council also asked ResCare to provide written response to the questions provided during the public hearing. After the meeting, staff gathered questions about ResCare and their operation from residents, City Council, and other staff. Staff completed the task of obtaining and assembling information and coordinated with the police department with respect to questions concerning ResCare facility for the January 22, 2019, meeting. Planning staff presented a report to the City Council for approval of the conditional use permit. The report was submitted after additional information was obtained 2350 WYCLIFF STREET - SUITE 200 • SAINT PAUL, MINNESOTA 55114 TELEPHONE 651-224-3781 • FACSIMILE 651-223-8019 www.kellyandlemmons.com from the police department, citizens and ResCare. The staff recommendation was as follows: 1. A copy of the Intensive Residential Treatment Services (IRTS) License from the State of Minnesota must be submitted to the city. 2. Records of state compliance inspections must be submitted to the city upon receipt by ResCare. 3. The SAC/WAC Units will be reviewed to decide if additional fees will need to be paid based on the change in use. Fees will be due before issuance of a building permit. 4. A designated smoking area outside of the building must be identified on the site plans. At the January 22 meeting, the Police Chief reported contacts with the city police departments were ResCare operates other facilities. The Police Chief did not report or find any information that the operation of the ResCare facilities in the cities he researched posed any danger or safety to residents in their areas. He did not report or find any information that the operation of the ResCare facilities impacted the health, safety or welfare or any detriment to citizens in those cities. The record does reflect that there were no issues regarding the health, safety, or welfare or any detriment reported by neighbors at the following ResCare facilities: Northwest Residence in Brooklyn Center, Transitions on Broadway in Robbinsdale, Community Options in Fridley, and Community Options in Saint Paul. As the Council deliberated, there was confusion as to whether or not they had sufficient findings of fact for denying the conditional use permit. The confusion was exemplified by your comments asking for more direction from the Council as part of the motion of the discussion as to what should be put into the findings of fact. You also asked for more factual basis to support the finding that standard number one was not met. The Council discussion centered around the issue of whether the ResCare location is the best location in the City. As you made the Council aware, you had a concern about that being a basis for denial because the City has a comprehensive plan and a zoning ordinance that allows the use in that specific location. In reviewing the emails and testimony from residents, it appears to center around speculation, fear of the unknown, and general comments with respect to the type of individuals trying to transition back into society. A comment from the resident living at 1797 Tipton Circle NW Unit 105 dated January 2nd states “I would no longer feel safe and actually feel threatened. I am in agreement that there is a need for this type of facility however, as many of my neighbors have expressed, better suited for another area of the city/county.” A comment from the resident living at 1797 Tipton Circle NW Unit 107 dated January 4th states “We have always felt SAFE in this single family neighborhood. One of the criteria for occupancy for this business was that it would NOT CHANGE THE SAFETY OF OUR 2350 WYCLIFF STREET - SUITE 200 • SAINT PAUL, MINNESOTA 55114 TELEPHONE 651-224-3781 • FACSIMILE 651-223-8019 www.kellyandlemmons.com NEIGHBORHOOD, which we think it WILL.” A comment from the resident living at 1757 Tipton Circle states “Within a mile radius, there is an early childhood center, a park, and a senior activity center. These are vulnerable places and we must consider the safety of the children and people in this area. Again, we strongly urge you to vote NO to the conditional use permit. The safety and financial stability of our neighborhood is at stake.” An email from a resident dated January 15th states “I need you to understand that we will NEVER FEEL SAFE IN OUR HOMES IF THIS FACILITY IS ALLOWED.” The opinions by residents are not supported by any facts and are pure speculation. During the Council discussion, Mayor Dietz stated that the vast majority of the police calls from other ResCare facilities were for medical issues, missing person, mental health issues and welfare checks and that the Elk River Police Department could handle the increase in calls and that the number of police calls is not used to determine validity of businesses coming to Elk River. The Mayor also commented that allowing Level 1 and 2 sex offenders in the ResCare facility concerned him even though there are over 40 Level 1 and 2 sex offenders currently living in Elk River. The Mayor’s concern was that the Level 1 and 2 sex offenders would be in one facility. There are no facts to support this statement. Finally, the Mayor discusses other locations and suggests that the ResCare facility should be in another area of the City. This is contrast with your statement that the comprehensive plan and the zoning ordinance allows this use at this location. The Mayor also commented that there could be lots of problems with the ResCare facility. This comment is pure speculation and not based on any facts. Appellate Courts will reverse a governing body’s decision regarding a conditional use permit application if the governing body acted unreasonable, arbitrarily or capriciously. Schwardt v. Cnty. of Watonwan, 656 N.W.2d 383, 386 (Minn. 2003). There are two steps in determining whether a governing body’s denial was unreasonable, arbitrary or capricious. RDNT, LLC v. City of Bloomington, 861 N.W.2d 71, 75 (Minn. 2015). First, the court must determine if the reasons given by the governing body were legally sufficient. C.R. Invs., Inc. v. Vill. Of Shoreview, 304 N.W.2d 320, 325 (Minn. 1981). Second, if the reasons given are legally sufficient, the court must determine if the reasons had a factual basis in the record. Id. “Where a zoning ordinance specifies standards which must be applied in determining whether or not to grant a conditional use permit, and the applicant fully complies with the specified standards, a denial of the permit is arbitrary as a matter of law.” Scott County Lumber v. City of Shakopee, 417 N.W.2d 721, 727 (Minn. Ct. App. 1988). In Scott County Lumber, the court held that the city council acted irrationally when it denied a conditional use permit to a lumber company for operation of a gravel pit where the company had met requirements of city code, agreed to comply with 20 additional conditions imposed by city upon granting of permit, and the 20 conditions provided the city with adequate control over the project to insure minimum impact upon the environment. 417 N.W.2d at 727-28. The court further held that neighboring land owners expressing their own opinions and providing no expert testimony to support the view that the gravel operation would adversely affect their land was not a legally sufficient reason for denying a conditional use permit. Id. The court stated that “[c]ommunity opposition to a landowner’s desire to use his property for a 2350 WYCLIFF STREET - SUITE 200 • SAINT PAUL, MINNESOTA 55114 TELEPHONE 651-224-3781 • FACSIMILE 651-223-8019 www.kellyandlemmons.com particular purpose is not a legally sufficient reason for denying a conditional use permit … The denial of a conditional use permit must be based on something more concrete.” Id. at 728. In this case, ResCare’s conditional use application was recommended for approval by both the planning commission and staff. Prior to the hearing before the City Council, citizens raised concerns over ResCare’s proposal and the City Council voted 3-2 to deny the application. No expert testimony or studies were presented to the council. As stated in Scott County Lumber, community opposition to a request for a conditional use permit is not legally sufficient. The denial must be based on something more concrete. Please share this letter with City Council and Planning Staff. Respectfully yours, KELLY & LEMMONS, P.A. /s/ Patrick J. Kelly Patrick J. Kelly 2350 WYCLIFF STREET - SUITE 200 • SAINT PAUL, MINNESOTA 55114 TELEPHONE 651-224-3781 • FACSIMILE 651-223-8019 www.kellyandlemmons.com Kelly & Lemmons, P.A. A T T O R N E Y S A T L A W • Patrick J. Kelly pkelly@kellyandlemmons.com Licensed in Minnesota and Wisconsin February 12, 2019 Peter Beck (peter@peterbecklaw.com) VIA EMAIL ONLY Re: Elk River / ResCare Dear Mr. Beck: For purposes of additional information, we have done an analysis of the subject property. 1. The property, before use by Masonic Lodge (non-residential), appears to have been used by a drug-screening testing facility known as Mediscreen. Upon information and belief, one of its clients was the Department of Corrections and its clientele would drop off samples. 2. Also use indicates that the facilities offices are being currently used for a bail bond office. 3. Our research of the record indicates that there were choices made to include in the February 4 packet as an example, unrelated media reports about a non-Minnesota and non-IRTS facilities. 4. With reference to your Findings of Facts: • Finding 3. The ResCare use of the facility will be the first residential use since it was guided for residential use in 1983. • Finding 10.a. This is not a medical treatment facility, it is a residential transitional care facility. The facts will state that the ResCare use will likely generate less pedestrian and vehicular traffic than the current tenants of the building, such as bail bond company, church, and other office uses with clients. It also should be noted as stated in the planning commission report that this is a self-contained facility that has access to Highway 10, a 27,000-vehicle-per-day road. • Finding 10.c. Most of the police calls to other ResCare IRTS facilities are no different than the types of calls that would be generated by any residence, including single family homes. 2350 WYCLIFF STREET - SUITE 200 • SAINT PAUL, MINNESOTA 55114 TELEPHONE 651-224-3781 • FACSIMILE 651-223-8019 www.kellyandlemmons.com Peter Beck February 12, 2019 Page 2 - Intoxication. I searched for many words in both packets suggesting such impairment & only found results for some words; intoxication (only used in the Finding of Fact), drinking (used 3 times), drink (not used), inebriated (not used), alcohol (only used to describe a staff requirement, 7.1 SR 01-22-2019, page 153, #23 Staff of ResCareMN includes 1- Licensed Alcohol and Drug Councilor). Other terms were used. Total police calls describing intoxication appear to show 8-events throughout all calls in the packets. For the number of IRTS’s ResCareMN operates, and total number of individuals within the facilities, the calls are not excessive. One event ended in “no crime committed.” One ended in no certainty this was even a ResCareMN resident. One was switched from “Drunk” to “self-threat,” which was contained and call was closed. This call was also counted in Suicide below. The record reflects that the average time from arriving at the different facilities to close appears to be less than five minutes. This was supported by the Police Chief which I believe he indicates that an IRTS facility would not add additional burden to his department, nor would it impact the neighborhood due to its location. - Suicidal. This term or terms like it were used by our staff, describing one the conditions a resident may need help with. Suicide was mentioned in 6-police reports No suicides occurred in these reports. The Police Reports mentioned threats of suicide by someone who needs help. One of the six threats was to throw themselves from a bridge. This never occurred as 10.c suggests, it was instead a threat by someone who needs help. One of the six threats was to slit their own throat and throw their self in the front yard (this was one event, not two). Neither of these ever happened as 10.c suggests, they were threats made by someone who needs help. One of the six threats was to walk into traffic. Again, this never happened as 10.c suggested. • Finding 10.d. The Police Chief did not say this. In fact, even the Mayor suggested the call types wouldn’t be abnormal for the Elk River Police Department to handle, nor did the potential volume of calls concern him for the Department to cover. • Finding 10.e. Group homes are very different than an IRTS. Some group homes have as few as four beds which may not be full. Some group homes don’t have live- in staff. This is an apples-and-oranges comparison. • Finding 10.f. This is an inaccurate statement. Simply looking at the attached maps show IRTS facilities in single family neighborhoods. No demographics were included the record for any locations or neighborhoods. Demographics are easily manipulated and this is a poor use for Findings of Fact since no such findings were presented. 2350 WYCLIFF STREET - SUITE 200 • SAINT PAUL, MINNESOTA 55114 TELEPHONE 651-224-3781 • FACSIMILE 651-223-8019 www.kellyandlemmons.com Peter Beck February 12, 2019 Page 2 • Finding 10.g. There are no statistics in the record to support turnover in this neighborhood, nor does turnover define a neighborhood. The current and historical use of the building brings far greater transients into the neighborhood than that of ResCare. As a final comment, it appears that the other ResCare facilities are in a higher residential density than the Elk River location. In addition, a comment by a councilmember concerning apartments with respect to lack of stability within the neighborhood suggests an outright discrimination from one residential use to another residential use. I’m also concerned that at the last council meeting a councilmember referred to segmentation with reference to institutional use. This was very confusing. The record is very clear that the IRTS is a residential use and that it allows its clients to transition into normal living. The other aspect in reviewing the location is that it’s very clear the building is located adjacent to a 27,000 vehicle-per-day road and the indication that ResCare clients would impact the neighborhood is completely unfounded as stated by staff as it is a self-contained use. Respectfully yours, KELLY & LEMMONS, P.A. /s/ Patrick J. Kelly Patrick J. Kelly PJK/slh TO: Nate Ovall First Name Amanda Last Name Galindo Reply Email Address Subject ResCare (Section Break) Comments I'm reaching out in regards to the ResCare facility meeting from January 22nd. I have a client that is under contract to purchase a new house at 1733 Tipton Circle. She reached out to me yesterday concerned that this facility would be across the street from her once she moves in and will not be moving forward with the contract if this facility goes through. I did watch the entire meeting and heard there was a motion to deny 3 to 2. Is there going to be any further meetings in regards to approving 633 Upland as a ResCare proposed site or was the meeting from January 22nd the final decision. Please feel free to email or call 763-923-4655. I look forward to hearing from you. Disclaimer Information submitted is considered public data. TO: Jennifer Wagner First Name Kathy Last Name Daulton Reply Email Address Subject Support for the development of the Intensive Residential Treatment Facility (Section Break) Comments I am emailing in support for the development of the Intensive Residential Treatment Services Facility. I have been reading the Elk River paper these past few weeks to stay updated. I have a personal reason for wanting the facility opened. My daughter, Kelsey passed away 6 years ago at the age of 19 from the mental health illness. There were a couple few time I took her into the emergency room for help. She did not want to go to a facility for help because it was to far away and she was scared. We need more facility’s like this IRTS available to help people suffering from this illness. I read one of the big concerns from the community in Elk River is that it brings in troubled people that could harm others. This thinking is so far from reality. Some people have not been educated and/or exposed to the mental health illness and the hard working people battling the illness. This facility would house good people who are sick, not dangerous and want to get better so they can be productive. My daughter wrote over and over how badly she wanted to get better and help others going through the mental health illness. Kelsey was in her second year of college battling this illness, while still working hard at being a productive community member. She would do anything she could to help others, even when she was hurting herself. That goes for so many other people suffering from this illness. They are good caring people just trying to battle this illness. The opening of this facility is more important than people realize. It will benefit good people in need today and in the future. Can you please forward these emails to the other city council members and Mayor Dietz. Thank you for your time. Kathy Daulton 612-803-4077 Disclaimer Information submitted is considered public data. City of Elk River City Council Resolution 19-____ A Resolution of the City Council of the City of Elk River Making Findings of Fact and Denying the Conditional Use Permit Request by ResCare Minnesota, Inc. to Establish an Institutional Use at 633 Upland Ave NW in the City of Elk River WHEREAS, ResCare Minnesota, Inc. (“Applicant”), has applied (“Application”) for a Conditional Use Permit allowing establishment on an Institutional Use at 633 Upland Ave NW (Case No. CU 18-19); and WHEREAS, the record in this matter shall include all of the materials submitted to the Planning Commission and City Council in connection with the October 25, 2018, Application, including the staff reports and all attachments thereto, all other written materials submitted to the Planning Commission and City Council, and all staff presentations and other testimony taken at the public meetings considering the Application, all of which is incorporated and made a part of the findings of fact and this resolution; and WHEREAS, the Planning Commission held a public hearing on November 27, 2018, to receive testimony and evidence from city staff, the Applicant and any other persons regarding the Application; and WHEREAS, the Planning Commission recommended approval of the Application, moving the application forward to the City Council; and WHEREAS, the City Council held a public hearing on December 17, 2018, to receive testimony and evidence from city staff, the Applicant and any other persons regarding the Application; and WHEREAS, the Applicant and all others wishing to speak were given the opportunity to present testimony to the Planning Commission and City Council; and WHEREAS, the City Council, at the conclusion of its December 17, 2018, public hearing on the Applicant’s Application, directed city staff to gather additional information regarding the Application and continued the item to January 22, 2019; and WHEREAS, the City Council held a public meeting on January 22, 2019, to review the Application and all materials submitted for the public record, and to ask additional questions of city staff and the Applicant; and WHEREAS, the City Council, at the conclusion of its January 22, 2019, public meeting on the Applicant’s Application, made findings of fact and directed that a resolution denying the Application and incorporating the City Council’s findings of fact be prepared for City Council consideration. NOW, THEREFORE, the City Council of the City of Elk River, Minnesota, makes the following findings of fact and decision with respect to the Application by ResCare Minnesota, Inc. for a Conditional Use Permit to allow establishment of an Institutional Use at 633 Upland Ave NW. FINDINGS OF FACT 1. The building at 633 Upland Ave NW, (the “Property”) was constructed in 1978 for use as a Masonic Lodge. 2. In 1980 the Property was zoned R-1c (single-family residential), and the Property has remained in the R-1c zoning district since 1980. 3. The Elk River Comprehensive Plan, most recently amended on May 19, 2014, has guided the Property for residential uses since 1983. 4. On October 25, 2018, ResCare Minnesota, Inc. submitted a Conditional Use Permit application for the Property, proposing to establish an Intensive Residential Treatment with Services (IRTS) facility (Institutional Use) at the Property. 5. An IRTS facility is an Institutional Use pursuant to the City of Elk River Zoning Ordinance. 6. Institutional Uses are allowed in the R-1c zoning district as a conditional use, and only up approval of a Conditional Use Permit. 7. Elk River City Code states that in order for a Conditional Use Permit to be granted, the request must meet the seven standards outlined in Sec. 30-654. – Standards for Issuance; (a) Required findings. The planning commission shall recommend a conditional use permit and the council shall order the issuance of such a permit only if it finds that such use at the proposed location: (1) Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. (2) Will be consistent with the comprehensive plan. (3) Will not impede the normal and orderly development and improvement of surrounding vacant property. (4) Will be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. (5) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations. (6) Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. (7) Will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. 8. The Planning Commission voted 6-0 to recommend approval of the Conditional Use Permit, stating that the application met all seven standards for issuance. 9. The City Council directed preparation of a resolution of denial on the grounds that the application does not satisfy standard number one: (1) Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. 10. The City Council Finds that standard number one for approval of a Conditional Use Permit has not been met because: a. The Property is located in a predominantly single-family residential area, not supportive of a medical treatment facility due to pedestrian and vehicular traffic, police calls, and lack of proximity to commercial uses. b. Testimony from residential property owners in the vicinity of the Property shows concern for the safety of the residents in the single-family neighborhood. c. The Applicant operates six IRTS facilities throughout the Twin Cities metropolitan area, with some facilities averaging six or more police calls per month. Police reports submitted for the record indicate that some police calls have been for threats against other clients and staff, intoxication and suicidal tendencies with the intent to take place outside of the facility, including walking into traffic, jumping off of bridges, and slitting throats and laying out in the front yard. d. Multiple police responses per month in a single-family residential district will draw additional attention and focus from the neighborhood, detrimentally affecting properties in the immediate vicinity. e. The 17 group homes reviewed by the Elk River Police Department had 55 total calls for service in 2018. These 17 facilities combine for less than the total police calls for one IRTS facility operated by ResCare in another community. f. IRTS facilities operated by ResCare in other communities are typically located in multi-family settings with mixed commercial and retail settings, creating a different demographic than is surrounding this Property. g. Residents in single-family neighborhoods expect the surrounding single- family uses and residents to turnover slowly, unlike a multi-family or commercial neighborhood which regularly experiences turnover in residents and uses. The nature of the use, short stays of 60 to 90 days, will detrimentally affect surrounding properties. 11. Taking into consideration all of the testimony and evidence received, the City Council finds, based on findings of fact a-g set forth above, that the Applicant has not established that it has met the requirements for approval of a Conditional Use Permit, and that it would not be in the public interest to approve the Application. DECISION Therefore, the City Council of the City of Elk River denies the Conditional Use Permit at 633 Upland Ave NW, based on the findings of fact set forth above. Passed and adopted this 19th day of February 2019. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Planning Commission Page 3 November 27, 2018 2. The parking area must be removed and vegetation re-established prior to expiration of the IUP. 3. Upon removal of the parking area the base materials must be removed and the soils must be de -compacted in order to maintain compliance with approved stormwater plans. Motion carried 6-0. 4.3 ResCare Minnesota — 633 Upland Avenue NW V Conditional Use Permit to operate an Institutional Use, Case No. CU 18-19 Mr. Carlton presented the staff report. Chair Johnson asked if there were any other uses currently taking place in the building. Mr. Carlton stated there was an office use and a church operating out of the building, and those uses would cease if this use is approved. Chair Johnson opened the public hearing. Patrick Kelly, 2350 Wycliff Street, St. Paul, attorney from Kelly & Lemmons, P.A., representing the applicant. He complimented staff with their assistance in this process. He stated ResCare has no concerns with condition two regarding SAC/WAC charges. Regarding condition three, he explained ResCare's Robbinsdale location also experienced concerns with smoking and explained they worked with city staff to establish criteria for smoking. He went on to explain the role of ResCare was transitional care for patients to return to the community, noting the patients had already received hospital treatment and were transitioning back to independent living. In response to the police department's concerns regarding the proposed location in a residential area, he explained many of the other ResCare facilities are located in residential areas. He said their staff are trained first responders and equipped to handle any emergency situation. He noted staff can request no lights and sirens from emergency responders should they be called to their facility. He stated it's a rare occasion that their patients require emergency response. In his opinion ResCare does good work to assist patients in transitioning back into independent living. Commissioner Rydberg asked the applicant about the conditions being proposed and how many code 3 responses their other locations receive. Thomas Alf, 4440 Beard Ave. N., Robbinsdale, represents ResCare - Minnesota and stated he had no objections to the Planning Commission's proposed conditions. He stated some locations can go months without calling for police assistance or EMS care. He explained how clients are monitored and constantly evaluated for concerns that may need to be addressed in a hospital setting. IN" WXreT", Rer Planning Commission Page 4 November 27, 2018 Chair Johnson asked about the realm of conditions that their patients are being treated for, and asked if residents can come and go as they please or if they are required to remain at the facility full time. Mr. Alf explained the variety of emotional conditions and psychiatric disorders their patients experience regarding their thoughts, which may include suicidal or confused thinking, preventing them from functioning in the community in a positive way. He stated some patients are recluse and find themselves unable to take care for themselves in their own homes without receiving the assistance of care that ResCare provides called Intensive Residential Treatment Services (IRTS). He stated the patient's goal is to regain skills and receive support to return to independent living. He stated patients can come and go as they please from the facility but typically stay on site because of the lack of public transportation services such as buses. ResCare will have a van available for any required transportation. They will also have visiting hours. Mr. Carlton indicated he had heard from a few property owners in the neighborhood who expressed concerns with safety and risk to the neighborhood. Mr. Alf responded that he's worked for 30+ years in mainly residential settings and never really had any incidences with community safety being threatened. He said patients are more vulnerable from members of the public and is not aware of patients that have assaulted or harmed the general public. Tammy Jorgenson Owens, 1790 Tipton Circle NW, stated her concerns are for the safety of her child and other children in the neighborhood playing outside as she lives just down the street from this proposed facility. She stated she was opposed to ResCare operating in her neighborhood. Chris Jacobson, 4720 30'h Avenue So., Minneapolis, works for CBRE as a healthcare real estate advisor and indicated this proposed site is fantastic for this type and level of care and treatment of these vulnerable patients who have already received hospitalized treatment and are transitioning back to independent living. Mr. Jacobson stated there's already a need for mental health treatment in this area. He explained the remodeling that will be done to the building and job creation as a result of this proposal. He stated there will be interior cameras and exterior cameras at all three entrances monitoring the patients. Councilmember Wagner asked the applicant why this location was attractive to ResCare. Mr. Jacobson explained the criteria used to review the needs for a desired location and what condition the building is in, noting this building is built very well and can support fire suppression as well as already zoned institutional. He stated the community is fantastic. He stated these resources are very much in need for this type of patient population of Sherburne County residents. IBVERII If NATURE Planning Commission November 27, 2018 Page 5 Mary Jo Cobb, 11445 Brenda Blvd., Becker, is the Director of Health and Human Services at Sherburne County. She explained Thomas Alf asked her 3 years ago if there was a need for an IRTS facility in Sherburne County, and she stated yes there was. Currently they are sending county residents long distances to get this type of service that would now be available in Elk River. She explained it doesn't allow for patients to get well in their home community, secure employment, and sending someone far away to receive IRTS care is not a good option to get well. She addressed Ms. Owens and stated that the folks that are in these facilities are better monitored and cared for, and less likely to be harmful to others. She understands her fears but she trusts ResCare, noting they've looked for a long time to find the right location. There being no one else to speak, Chair Johnson closed the public hearing. Commissioner Thiel stated he felt this type of facility was a good fit for this location, and was a needed service in the Sherburne County community. He stated what struck him is the need for this level of care to properly transition patients into eEeEeerIN"ATURE Planning Commission November 27, 2018 Page 6 independent living. He noted the need to break down the myths and misconceptions about mental illness and show that IRTS works and supports people. He stated this facility would be a good addition to the community. Commission Larson -Vito agreed with Commissioner Thiel, noting she lives in the area and has two sons who bicycle in this location. She stated she too had the same concerns regarding public safety when she initially read this application, but feels more harm may come when people get turned away from care that they need. She's thought long and hard and need to take care of people. Commissioner Feinstein stated he would support this request, noting the increase in mental health calls experienced by law enforcement and how this type of facility could assist in benefitting patients and the justice system. Chair Johnson agreed, noting he had initial concerns similar to local residents regarding safety, but the applicant explained how the facility is used and felt Sherburne County would benefit from this facility. Commissioner Rydberg stated the only mitigation he could provide for neighbors of this facility is if they observe things happening that they are uncomfortable with, ResCare would love the opportunity to hear from them to resolve any problems. He stated he supports this type of use. Commissioner Larson -Vito asked about future trail connections and any discussion regarding screening. Mr. Carlton indicated there were no discussions or requirements regarding screening the property from any futures trail. Moved by Commissioner Thiel and seconded by Commissioner Feinstein to approve the request by ResCare Minnesota for a Conditional Use Permit CUP) to operate an Institutional Use at 633 Upland Avenue, with the following conditions: 1. A copy of the Intensive Residential Treatment Services (IRTS) License from the State of MN must be submitted to the city. 2. The SAC/WAC Units will be reassessed in order to decide if an additional WAC Fee will need to be paid based on the change in use. 3. Smoking shall not be allowed in the building, and a designated smoking area outside of the building must be identified on the site plans. Motion carried 6-0. 4.4 River Walk — 17354 Zane St. NW — continued from October 23, 2018 Zone Change — from FAST to PUD, Case No. ZC 18-05 Conditional Use Permit to Establish a PUD, Case No. CU 18-15 I/NEREI11 I ATURE i Eof lk — - Request for Action River To Item Number Mayor and City Council 7.4 Agenda Section Meeting Date Prepared by Public Hearinj December 17, 2018 Zack Carlton,Planning Manager Item Description Reviewed by Conditional Use Permit: Institutional Use, ResCare Chris Leeseberg, Senior Planner MN—633 Upland Ave Reviewed by Cal Portner, City Administrator Action Requested Approve,by motion,the Conditional Use Permit authorizing establishment of an Institutional Use at 633 Upland Ave NW,with the following conditions: 1. A copy of the Intensive Residential Treatment Services (IRTS) License from the State of Minnesota must be submitted to the city. 2. The SAC/WAC Units will be reviewed to decide if additional fees will need to be paid based on the change in use. Fees will be due before issuance of a building permit. 3. A designated smoking area outside of the building must be identified on the site plans. Background/Discussion ResCare Minnesota is proposing to convert the former Masonic Lodge building at 633 Upland Ave NW to an Intensive Residential Treatment Services (IRTS) facility. The Minnesota Department of Human Services defines IRTS facilities as: time-limited mental bealtb services provided in a residential setting. Recpients of IRTS are in need of more restrictive settings (versus community settings and are at risk of significant U ca 33 functional deterioration if tbeg do not receive these services. IRTS are designed to develop and enbance:pycbiatric stability,personal and emotional adjustment, self-sufciengg, and skills to live in a more independent setting. x RR The use complies with the ordinance definition of an Institutional Use as it is a health care facility offering principally inpatient care. Hwy io The applicant's narrative states the average stay at the facility will CR 12 range from 60 to 90 days. The property is located in the R-1c zoning district which allows Institutional Uses as a Conditional Use. Planning Commission P The Commission asked the applicant and their representatives about y frequency of emergency responses,the types of patients being treated,and whether or not patients are required to remain at the facility.Figure I The Elk River Vision A welcoming community witb revolutionary and spirited resourcefulness, exceptional P U W E H E o s r service, and community engagement that encourages and inspires prosperity UR The applicant and their representatives addressed the Commission's concerns and provided the following additional information regarding ResCare's background, operations,and the patients: ResCare is a transitional care facility for patients returning to the community after having received hospital-based treatment. Staff are trained as first responders and equipped to handle emergency situations. Calls for emergency responses vary,but according to ResCare representatives it has not been an issue in the past. Patients are continually monitored and evaluated for concerns that may need to be addressed in a hospital setting. Patients are treated for a variety of emotional conditions and psychiatric disorders regarding their thoughts,which may include suicidal or confused thinking,which can prevent them from functioning in the community in a positive way. The patient's goal is to regain skills and receive support to return to independent living. Patients can come and go as they please from the facility, but they typically stay on site because of a lack of public transportation services. Mary Jo Cobb, Sherburne County Director of Health and Human Services spoke in support of the project. She described the need for this type of facility in Elk River and noted that patients in need of this type of care sometimes have to travel long distances for a facility to help them get well. Public Comments One resident spoke during the public hearing. She is concerned about safety in her neighborhood as a result of this facility. She stated that her children regularly bike past the facility and is concerned about their safety. She is opposed to the proposed facility in her neighborhood. Staff has also received two phone calls from residents with concerns about safety in the neighborhood if this facility is approved. Recommendation The Commission unanimously recommended approval of the Conditional Use Permit to operate an Institutional Use at 633 Upland Ave. Financial Impact None Attachments Planning Commission Packet dated November 27, 2018 N:\Public Bodies\Agenda Packets\12-17-2018\Final\7.4 sr ResCare CC Memo 12-17-2018.docx Elk -- Request for Action River - To Item Number Planning Commission 4.3 Agenda Section Meeting Date Prepared by Public Hearings November 27, 2018 Zack Carlton, Planning Manager Item Description Reviewed by ResCare Minnesota—633 Upland Avenue NW, Chris Leeseberg, Senior Planner Case No. Cu 18-19 Reviewed by Conditional Use Permit to operate an Institutional Use Action Requested Recommend, by motion, approval of the Conditional Use Permit (CUP) to operate an Institutional Use at 633 Upland Avenue,with the following condition: 1. A copy of the Intensive Residential Treatment Services (IRTS) License from the State of MN must be submitted to the city. 2. The SAC/WAC Units will be reassessed in order to decide if an additional WAC Fee will need to be paid based on the change in use. 3. Smoking shall not be allowed in the building, and a designated smoking area outside of the building must be identified on the site plans. Background/Discussion The applicant,ResCare Minnesota,is proposing to convert the former masonic lodge building at 633 Upland Ave NW to an intensive residential treatment services (IRTS) facility. The MN ti Department of Human Services defines IRTS facilities as: "time- limited mental health services provided in a residential setting. Recipients of IRTS are in need of more restrictive settings (versus crt a3 community settings) and at risk of significant functional deterioration if they do not receive these services. IRTS are designed to develop and enhance: psychiatric stability,personal and emotional adjustment, self-sufficiency, and skills to live in a more independent setting." Hwy 10 The use complies with the ordinance definition of an Institutional CR 12 Use as it is a health care facility offering principally inpatient care. The applicant's narrative states the average stay at the facility will range from sixty to ninety days. The property is located in the R-1c zoning district which allows Institutional Uses as a Conditional Use. Proposed Facility/Operation The proposal shows a complete interior remodel of the existing building. The facility will allow for 16 residents (patients) at a time— Flgure I The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity P a w E a € o s rIrmAWR plans show additional beds, but these will be used for transitions between patients. No exterior changes are proposed at this time. The facility will operate 24/7 year round. The facility is expected to employ 20 full-time employees and coverage typically includes 3-7 employees per shift. Comprehensive Plan The site is guided for urban residential uses and the proposed use is consistent with the residential uses identified in the zoning code. The project is consistent with the Comprehensive Plan. Site Plan Plans show one entrance/exit on the east side of the parking lot with access to Upland Ave NW. There are 26 parking stalls identified, and 15 are required per city ordinance—one per two beds (8) and one for each employee on the major shift (7). The parking plan should be modified to account for the tight angle in the southeast corner of the parking lot. Additional impervious surfaces are not proposed. Landscaping The property includes mature trees on the three sides abutting residential properties. Credit given for existing trees satisfies the landscape ordinance. Applicable Regulation In approving a Conditional Use Permit, the council may impose such specific conditions with regard to the development or operation of the proposed use as it considers necessary to satisfy the seven standards set forth in Section 30-654 and the requirements contained in this article and to promote compatibility with and minimize any potentially adverse effects upon adjacent properties, the neighborhood or the city. The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 1. Vill not endanger, injure or detrimentally affect the use and enjoyment of otherproperty in the immediate vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the city. The proposed use is self-contained,regulated by the State of MN, does not generate significant traffic, and does not appear to pose a security threat to nearby residents. The site is adjacent to Highway 10 with access to a signalized intersection and any traffic generated by the use will likely utilize this intersection. For these reasons, along with the extensive screening, the use is not expected to detrimentally affect the use and enjoyment of the other properties in the area. Staff does not see a need to impose specific conditions to satisfy this standard. 2. Vill be consistent with the comprehensive plan. The parcel and surrounding area are guided for residential uses. The use is consistent with our residential zoning ordinance and is consistent with the Comprehensive Plan. Staff does not see a need to impose specific conditions to satisfy this standard. N:\Departments\Community Development\Planning\Case FUes\CUP\CU 18-19 ResCareMN\4-Planning Commission\4.3 sr Res Care 11-27- 2018.docx 3. Will not impede the normal and orderly development and improvement of surrounding vacantproperty. Surrounding properties are fully developed and use will not impede the normal and orderly development and improvement of surrounding properties. Staff does not see a need to impose specific conditions to satisfy this standard. 4. Wlill be served adequately by and will not adversely affect essentialpublic facilities and services including streets, police andfire protection, drainage, refuse disposal, water and server systems,parks and schools;and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. The use may increase the sewer and water use of the property and the SAC/WAC units will be re- evaluated at the time of building permit review.Any increase in the number of units will need to be paid prior to issuance of the building permit. The police department also expressed concerns regarding police and emergency medical services, specifically overnight responses in a residential area where lights and sirens could wake the neighbors. Staff added a condition addressing the SAC/WAC calculations and the Commission should discuss the concerns regarding emergency response. 5. 1-Vill not involve uses, activities,processes, materials, equipment and conditions of operation that will be detrimental to any persons orproperty because of excessive traffic, noise, smoke,fumes,glare, odors, dust or vibrations. Due to the proximity to residential areas, smoking by staff and patients could become an issue. Beyond smoking, the use does not involve any activities that would detrimentally impact any persons or property due to traffic, noise, smoke, fumes,glare, odors, dust, or vibrations. Staff added a condition noting the facility must be non-smoking to ensure compliance with this condition. 6. Wlill not result in the destruction, loss or damage of a natural, scenic or historicfeature of major importance. The proposed changes to the interior of the building will not result in the destruction,loss or damage of natural, scenic or historic features of major importance. Staff does not see a need to impose specific conditions to satisfy this standard. 7. Wlillfully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. The use will fully comply with all other requirements of this Code,including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. Staff does not see a need to impose specific conditions to satisfy this standard. N:\Departments\Community Development\Planning\Case FUes\CUP\CU 18-19 ResCareMN\4-Planning Commission\4.3 sr Res Care 11-27- 2018.docx If denial of such a permit should occur,it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-654. Statutory Review Period The 60-day statutory review period for this application is set to expire on December 28, 2018. Council Meeting With a recommendation from the Planning Commission the item will be reviewed on December 17, 2018 Attachments Location Map Applicant's Narrative Building Plans Site Plan N:\Departments\Community Development\Planning\Case FUes\CUP\CU 18-19 ResCareMN\4-Planning Commission\4.3 sr Res Care 11-27- 2018.docx Ipp - co L. . 4 r LU Li g t y r L j 1 M C7 Ln LM O IcLnmLn LT 4 F 1 Lo 64 5 ti r PROJECT NARRATIVE ResCare Minnesota, Inc. is proposing to use the property located at 633 Upland Avenue Northwest, Elk River,Minnesota for operation of an intensive residential treatment services facility(IRTS). The name of the facility will be "ResCare Recovery Residence". The treatment facility will accommodate up to sixteen(16)residents at a time, but will most likely have an 81% capacity for the year. The duration of stay for the resident will typically range from a period of sixty to ninety(60-90) days as they prepare to transition into a longer-term, community-based setting. The IRTS program uses an inter-disciplinary team to provide recovery-focused, evidence-based services and support to individuals with a primary diagnosis of mental illness. These services are designed to achieve psychiatric stability, personal and emotional adjustment, self-sufficiency, and skills to live in more independent settings. While the individuals reside in the IRTS facility, they receive services such as assessment and planning; illness management and recovery; independent living skills and vocational support; mental health treatment services; family education; nurse monitoring and supervision; and peer support groups. ResCare Minnesota, Inc. has been a leading provider of IRTS residential programs in Minnesota since 1982 through the operation of four other IRTS programs: Northwest Residence Brooklyn Center); Community Options (St. Paul); Livingston Residence (St. Paul); Community Options (Fridley); Transitions on Broadway(Robbinsdale); and Transfer Home (St. Paul). The Applicant's proposed use meets all of the general standards as listed in the City of Elk River's Comprehensive Plan and Zoning: a) The extent, location and intensity of the use will be in substantial compliance with the Elk River Comprehensive Plan and Zoning for a conditional use and any applicable subarea plans which were approved by the city council. b) The use will provide adequate ingress and egress to minimize traffic congestion in the public streets. c) The use will not be detrimental to the existing character of the development in the immediate neighborhood or endanger the public health, safety and general welfare. d) The use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. e) The use shall, in all other respects, conform to the applicable regulations of the district in which it is located. Hours of Operation. The facility will operate 24/7 with three (3) awake, overnight staff coverage. During the day, coverage may vary from three to seven(3-7) employees depending on the time of day. This includes weekends. Employees. There will be a total of about twenty(20) full-time staff. Parking. There will be 26 stalls, as indicated on the Site Plan included with the application. Note: ResCare will stripe the parking lot. Proposed screening. There is no proposed screening. Trees and bushes are in place. Proposed building materials. The building materials will be maintained internally, pursuant to Elk River building code. No exterior work will be performed, as indicated on the Floor Plans included with the application. Signage.None. Outdoor Storage. None. u8MOL WF= W Z UZ m w KUU OQJ YI¢ iW > Za O xm y O w F, af Luit n $ LLIof W w NOI omiSNOO 2: J0J lON El LU IIII d IIII II II II II II II II II o II II II II II LL- III om 0 wo 2 uj m wF- of af Luw Lu w Y 0CL0 NOuomiSNOO 2: J0J iON J ILTtom goagoy PD. PD lk A k' 10 IF I L F TI J-- ji la PIE,-- 4----------- 15 ILLjW ILLj Ill Lu j0z 4 jLU 0LUfn LL z Z Q Q £ 2 w w r p= p w> H S K Y a w" W NOI omiSNOO 2: J0J lONmSotwBYoa l W C Q Na p,a.Akl Our Commitment to Quality and Safety Actnd b Lu q Jasc KLVahka ia1 F7119- f - k" -7. q-, ResCare's top priority is always to ensure the safety and well-being of the individuals we serve, as well as our employees and caregivers. Every day, we take care of approximately 60,000 individuals in need of assistance. Our mission is to help people live the best life possible and to live more independently each day in a home-based community setting. States, advocates, the courts and the industry believe that this personalized care environment is more effective for an individual's physical and mental well-being than living in an institutionalized setting. We're changing the industry through our commitment to continuous quality and safety improvement, demonstrated by significant investments we've made and will continue to make in people, quality, training and technology. To effect change that improves quality and safety, we spend approximately 125 million per year on clinical, quality and training programs. While these investments aren't reimbursed, they pay dividends by improving the quality of life for our clients with IDD. We're investing in technology to connect homes and people, improving quality and safety. We're creating real-time care plans that track medication adherence and other daily living activity. And we're equipping homes with emergency response devices to improve safety. We have one of only a few pharmacies in the nation specializing in serving people with intellectual and developmental disabilities. A review of 91 unique studies reveals a nearly 20 percent error rate in medication adherence for people with IDD. The most common errors include omitted doses, medications not taken as directed, taking the wrong medicine and preparing the medicine incorrectly. This service offers pharmaceutical systems and packaging technology designed to reduce medication errors for populations under our care. Our investment in quality speaks volumes when addressing the issue of whether a for-profit company is compatible with providing the services required bythe individuals we serve in a challenging industry. While we know of no studies comparing clinical outcomes between for-profit and not-for-profit providers, we stand behind our safety record and commitment to continuous quality improvement. We're proud of the employees who spend every day taking care of people in need of assistance. We believe we make a difference in the lives not only of the individuals we serve, but also the families and loved ones who often are not equipped to provide care themselves. Our quality and safety goal is zero incidences related to safety or impropriety. During our history, we've provided more than 70 million days of care. That context is important when considering tragic but isolated instances over several decades of time. We are deeply saddened by situations where an employee or client is harmed in any way. We work hard to protect the individuals we serve, and our employees are constantly improving and developing new solutions that increase safety and the quality of care delivered. Our goal is to ensure every individual we serve receives the right care at the right time in the safest environment possible. Putting safety and quality service first is our business plan. We wouldn't be able to succeed any other way. escs DOORlo„Toon'o AMM HOIN. https://www.nwitimes.com/news/local/lake/another-rescare-worker-charged-with-battery/article_5cb 1c551- 065-55cd-9f41-d291fb1fd432.html EDITOR'S PIC RGEN Another ResCare worker charged with battery Elvia Malagon elvia.malagon@nwi.com, (219) 662-5331 Jun 14, 2016 Megan C. Akers Provided TRY 1 MONTH FOR 99Q HOBART — For the third time time in less than a week, an employee for a company that provides services to people with disabilities is accused of battering a man under their care. Megan C. Akers, 23, of Chesterton, faces charges of battery against a disabled person, neglect of a dependent resulting in bodily injury, battery with moderate bodily injury, neglect of a dependent, battery resulting in bodily injury and battery. A warrant was issued for her arrest. The charges filed in Lake Criminal Court come the same week a civil lawsuit was filed in Lake Superior Court accusing ResCare, the company Akers worked for, of negligence. You could Win up to $500 in Gift Cards r OWNex s>. Leeann Murphy is the mother of Jeffrey Wardlow, the man Akers is accused of hitting, and she said her family decided to pursue the lawsuit to bring attention to abuse against disabled people. Her son was previously hurt while in the care of another company. Her 27 -year-old son is autistic, has an intellectual disability and is considered non- verbal. He lives in a Hobart home with two other disabled men. ResCare provides home -care services for the men. All I know is that somebody has to bring this to light somewhere, and it's not going to happen to my boy, again," she said. "I just can't let it happen again." In the lawsuit, Murphy accuses ResCare of not properly training and hiring appropriate staff. Her attorney, Donald Wruck, said companies such as ResCare typically have a low -paid, unskilled work force who are placed in difficult situations. So what you have is a system where you have a recipe for disaster," Wruck said. GIFT CARD CONTEST `g' You could Win up to $500 in Gift Cards ENTER TODAY] r Murphy said she initially was told by ResCare that her son had red marks. Days later, the school her son attends told her Wardlow was crying and asking for help. Relatives took Wardlow to the hospital where he was treated for scratches, two black eyes, a swollen hand and bruises on his arms. Her son later told her, "Megan hit me, mom," while showing her his bruised arms. Murphy and her attorneys, Wruck and Keith Medved, question if Akers should have even been at work May 24. A neighbor told her that Akers was seen the day before pulling and hitting another resident. The neighbor reported the incident to ResCare officials. Murphy was furious to learn about what happened. She said Akers has worked with her son for a year. My heart hurts," she said. "It hurts, because she did that to my son. I trusted her." Editor's Note: This story has been updated from a previous version to correct Megan C. Akers' age. Charges filed in stabbing at North St. Paul group home — Twin Cities NEWS > CRIME & POLICE Charges filed in stabonnq at North St. Paul group home By TORY GOONEY I Pioneer Press PUBLISHED: August 24, 2016 at 2:17 pm I UPDATED: August 30, 2016 at 2:44 pm A North St. Paul woman was charged with second-degree assault Tuesday in connection with a stabbing at an adult group home in North St. Paul last week. Shade Jumoke Esho, 40, is listed in court documents as living at the home on 17th Avenue East. On Aug. 17, Esho stabbed another person 12 times in the chest, head, foot and arm, according to the criminal complaint. The victim, a 47 -year-old female, was struggling to breathe and beginning to lose consciousness when police arrived, the criminal complaint said. Sandy Rosbacka, executive director of ResCare Minnesota, which operates the group home, said that she could not confirm whether the victim was an employee or resident of the facility. We're very concerned, clearly, and working with the police in any way that we can to help them in their investigation," Rosbacka said. A witness told police that Esho was "extremely angry" and yelled as she stabbed the victim. As the victim screamed for help and the witness called 911, Esho dropped the knife and went to the basement, according to the charges. 12/15/18, 3:21 PM https://www.twincities.com/2016/O8/24/st-paul-charges-filed-in-stabbing-at-adult-group-home/ Page 1 of 3 Charges filed in stabbing at North St. Paul group home - Twin Cities Esho returned later and began stabbing the victim a second time before dropping the knife and returning to the basement, the witness said. Police found Esho in the basement with Wood on her hands and shirt, the complaint said. When Esho was questioned by police, she said that she did not know the answers to all their questions. She later told an officer that she didn't do anything wrong and that she wouldn't hurt anyone, the charges said. Esho is in custody at Regions Hospital for observation. Her first court appearance is scheduled for Wednesday afternoon. ResCare Minnesota serves more than 1,200 people across six service areas, including residential services, Rosbacka said. Tags: Crime North St. Pair. l is "'`, ,, :j1 rn {.,1 Tory Cooney covered local news for the Pioneer Press while on a Collegiate Network fellowship for 2016. As you comment, please be respectful of other commenters and other viewpoints. Our goal with article comments is to provide a space for civil, informative and constructive conversations. We reserve the right to remove any comment we deem to be defamatory, rude, insulting to others, hateful, off -topic or reckless to the community. See our full terms of use here. VM IN C 9 fssMEHTS F0 hl'Yy r( C0 [hi How This 22 -Year Got Her Life BackJi Le Bmf t ItlF After Near -Continuous Seizures 12/15/18, 3:21 PM https://www.twincities.com/2016/g8/24/st-paul-charges-filed-in-stabbing-at-adult-group-home/ Page 2 of 3 DEPARTMENT OF HUMAN SERVICES MALTREATMENT INVESTIGATION MEMORANDUM Office of Inspector General, Licensing Division Public Information Minnesota Statutes, section 626.557, subdivision 1 states, 'The legislature declares that the public policy of this state is to protect adults who, because of physical or mental disability or dependency on institutional services, are particularly vulnerable to maltreatment." Report Numbers: 201802057, 201802068, 201802084, 201802087,201802098 Name and Address of Facility Investigated and License Number and Program Type: Facilities A-E ResCare Minnesota, Inc. 1865 Old Hudson Road Saint Paul, MN 55119 1068391-HCBS (Home and Community -Based Services) FacilityA: ResCare Minnesota, Inc. 1082 Lakewood Drive South Maplewood, MN 55119 Date Issued: June 26, 2018 Disposition: Substantiated as to financial exploitation of eight vulnerable adults with inconclusive responsibility. 1068420-H_CRS (Home and Community -Based Services -Community Residential Setting) Facility B: ResCare Minnesota, Inc. 2248 Falcon Avenue Saint Paul, MN 55119 1068412-H_CRS (Home and Community -Based Services -Community Residential Setting) Facility C: ResCare Minnesota, Inc. 2946 McKnight Road Maplewood, MN 55109 1068423-H_CRS (Home and Community -Based Services -Community Residential Setting) ResCare Minnesota, Inc. Reports: 201802057, 201802068, 201802084, 201802087, 201802098 Page 2 Facility D: ResCare Minnesota, Inc. 1355 Barclay Street Saint Paul, MN 55106 1068400-H_CRS (Home and Community -Based Services -Community Residential Setting) Facility E: ResCare Minnesota, Inc. 749 Skillman Avenue East Maplewood, MN 55117 1068431-H_CRS (Home and Community -Based Services -Community Residential Setting) Investiaator(s): Beth Virden Minnesota Department of Human Services Office of Inspector General Licensing Division PO Box 64242 Saint Paul, Minnesota 55164-0242 651-431-6572 Suspected Maltreatment Reported: It was reported that a staff person (SP) took money belonging to eight vulnerable adults (VA1-VA8) without the legal authority to do so. Date of Incident(s): March 16, 2018 Nature of Alleged Maltreatment Pursuant to Minnesota Statutes, section 626.557, subdivision 9c, paragraph b), and Minnesota Statutes, section 626.5572, subdivision 15, and subdivision 9, paragraph (b), clause (1): In the absence of legal authority a person willfully uses, withholds, or disposes of funds or property of a vulnerable adult. Summary of Findings: Pertinent information was obtained during a site visit conducted on April 12, 2018; from documentation at the facility; and through five interview conducted with VAS, VAS's guardian (Gl), VA6's guardian (G6), and facility supervisory staff persons (PI and P3). Attempts were made to contact by telephone, and letters were mailed to, VA2's guardian (G2), VA3's guardian (G3), VA4's guardian (G4), VA7's guardian (0), and VA8's guardian (G8), but the attempts were unsuccessful. Attempts also were made by telephone and mail to contact an additional staff ResCare Minnesota, Inc. Reports: 201802057, 201802068, 201802084, 201802087, 201802098 Page 3 person (SP), including a certified letter which was received by the SP on April 21, 2018. However, at the time of this report, the SP had not responded to this investigator. In addition, at the time of the site visit, the facility was working to reimburse VA1-VA8 for their missing funds, and there was no information that VAINA4 and VA6-VA8 were aware of the incident, and as such, were not interviewed for this investigation. The allegations involved vulnerable adults who were receiving services at five different community residential settings (facilities A-E) operated by the same license holder. Each resident's petty cash was kept in a pouch with that resident's name on it and stored in a lockbox at their respective home. Although the residents lived at different homes, they all received services and/or assistance from the facility's central office where the SP worked. Regarding the vulnerable adults: VA1 lived at facility A with three other residents (131-113). On a monthly basis the petty cash pouches belonging to VA1 and 111-113 (four petty cash pouches altogether) were brought to the SP's office at the facility's central office to be audited and reconciled. VA2, VA3, and VA4 lived at facility B with one other resident (114). On a monthly basis the petty cash pouches belonging to VA2, VA3, VA4, and R4 (four petty cash pouches altogether) were brought to the SP's office at the facility's central office to be audited and reconciled. VA5 lived at facility C with three other residents (115-117). On a monthly basis the petty cash pouches belonging to VAS and R5 -R7 (four petty cash pouches altogether) were brought to the SP's office at the facility's central office to be audited and reconciled. VA6 lived at facility D with three other residents (118-1110). On a monthly basis the petty cash pouches belonging to VA6 and R8 -R10 (four petty cash pouches altogether) were brought to the SP's office at the facility's central office to be audited and reconciled. VA7 and VA8 lived at facility E with two other residents (1111-1112). On a monthly basis the petty cash pouches belonging to VA7, VA8, and 1111-1112 (four petty cash pouches altogether) were brought to the SP's office at the facility's central office to be audited and reconciled. The SP had his/her own office which was supposed to be locked when the SP was not there. Persons who had a key to the SP's office, included P1, the SP, and the maintenance department which had more than one staff persons. The SP's office also had an exterior door for deliveries and other access to the community. This door was also supposed to be locked. Deliveries were made during business hours and if the SP was not present, another staff person was able to open the exterior door and accept the delivery. The SP's office was "frequented by many [staff persons]" throughout the day. The facility's Person Served Profiles and Individual Abuse Prevention Plans for VA1-VA8 provided the following information: VA1's diagnoses included mild developmental disability. VAI was unable to independently manage or recognize mismanagement of his/her finances. The facility ensured that staff persons assisted with VA1's finances, and audited or reconciled VA1's finances on a weekly and monthly basis. ResCare Minnesota, Inc. Reports: 201802057, 201802068, 201802084, 201802087, 201802098 Page 4 VA2's diagnoses included severe intellectual and developmental disability. VA2 was unable to manage or recognize mismanagement of his/her finances. The facility ensured that staff persons assisted with VA2's finances, and audited or reconciled VA2's finances on a weekly and monthly basis. VA3's diagnoses included schizoaffective disorder. VA3 was unable to manage or recognize mismanagement of his/her finances. The facility ensured that staff persons assisted VA3 with financial transactions, budgeting, banking, and reconciling his/her accounts. VA4's diagnoses included moderate intellectual and developmental disability. VA4 was unable to manage or recognize mismanagement of his/her finances. The facility ensured that staff persons assisted with VA4's finances, and audited or reconciled VA4's finances on a weekly and monthly basis. VAS's diagnoses included Asperger's syndrome. VA5 was unable to manage or recognize mismanagement of his/her finances. VA5 was his/her own guardian and had a representative payee to assist with his/her finances. Staff persons reported any concerns with VAS'S finances to his/her representative payee. VA6's diagnoses included severe intellectual and developmental disability. VA6 was unable to manage or recognize mismanagement of his/her finances. The facility ensured that staff persons assisted with VA6's finances and recorded all transactions on a ledger. VA7's diagnoses included moderate intellectual and developmental disability. VA7 was unable to manage or recognize mismanagement of his/her finances. VA7 had a representative payee to assist with his/her finances. In addition, the facility ensured that staff persons assisted with VA7's finances and recorded all transactions of a ledger. VA8's diagnoses included mild intellectual and developmental disability. VA8 was unable to manage or recognize mismanagement of his/her finances. VA8 had a representative payee to assist with his/her finances. In addition, the facility ensured that staff persons assisted with VA4's finances, and audited or reconciled VA8's finances on a weekly and monthly basis. The facility's Safekeeping of Funds Policy and Procedure stated that each facility's house supervisor was responsible, on a weekly basis, for reviewing that facility's residents' finances and ensuring the cash -on -hand matched the ledger. Then, once a month, each house supervisor gathered the petty cash pouches and ledgers for their respective residents, and brought the items to the SP at the central office for an audit. P1, P3, and the facility's Internal Review provided the following consistent information: On March 12, 2018, house supervisors (112, P3, P4, and 135) counted their respective resident's petty cash pouches and ensured that the correct amount was documented and matched the amount in each pouch. P2, P3, P4, and P5 then transported the pouches and ledgers to the SP at the central office. Upon receiving all of the petty cash pouches from facilities A-E, the SP would have had 20 petty cash pouches altogether. (The petty cash pouches belonging to VAI-VA8, and 111-1112.) The SP was supposed to keep all of the petty cash pouches in a locked file cabinet in his/her office. On March 14, 2018, the SP contacted P2, P3, P4, and PS and informed that the audit was completed and ResCare Minnesota, Inc. Reports: 201802057, 201802068, 201802084, 201802087, 201802098 Page 5 that the petty cash pouches were reconciled and contained accurate amounts, and that P2, P3, P4, and PS could return to the central office to pick up their respective petty cash pouches. i Also on March 14, 2018, around 12 noon, the SP was informed that his/her employment at the facility was being ended for unrelated matters. Upon being notified, the SP was escorted to his/her office, and supervised while in his/her office to gather his/her belongings, before leaving. On March 15 and 16, 2018, P3 picked the petty cash pouches up for facility A and E, including those for VAI, 111-113, VA7, VA8, and 1111-1112, and delivered the pouches to their respective facility home. The petty cash pouches were not counted at that time; however, in the days that followed, various direct care staff persons notified P3 that money was missing for VAI, VA7, and VAS. However, there was no money missing from 111-113, and 1111-1112. P3 contacted a supervisory staff person at the facility's central office with his/her concerns. On March 16, 2018, P4 picked the petty cash pouches up for facility B, including those for VA2, VA3, VA4, and R4. P4 delivered the pouches to facility B, and did not count the money at that time; however, in the days that followed, various direct care staff persons notified P4 that money was missing for VA2, VA3, and VA4. However, there was no money missing from R4. P4 contacted a supervisory staff person at the facility's central office with his/her concerns. Not all of the petty cash pouches had been picked up at this point and some remained in the SP's office, including those for facilities C and D (VAS, VA6, and 115-1110). Following receipt of P3's and 134's concerns of missing money in the petty cash pouches for facilities A, B, and E, P1 went to the SP's office and found the petty cash pouches for facilities C and D lying on the floor and not secured in the SP's file cabinet as they should have been. At that point, P1 requested that the petty cash pouches for facilities A, B, and E be returned to the central office so that all of the pouches could be audited again. In doing so, the following cash was determined missing: 20 from VA1 80 from VA2 55 from VA3 25 from VA4 50 from VA5 71 from VA6 20 from VA7 61 from VA8 The total missing from VA1-VA8 was $382. However, there was no money missing from R1-1112. Pi made more than one attempt to contact the SP; however, the SP did not respond to P1. P1 searched the SP's office and did not find the missing funds. Pi also interviewed each house supervisor who confirmed that they documented the amount in each pouch prior to dropping them off with the SP; that when they picked the pouches up after the audit, they did not count the cash in each pouch until they returned to the facility; and that the pouches were not left unattended during any of those times except when they were with the SP. Note: At the time of the incident, house supervisors were not required to count the cash in each pouch upon picking them up from the SP's office or prior to leaving the SP's office. ResCare Minnesota, Inc. Reports: 201802057, 201802068, 201802084, 201802087, 201802098 Page 6 s The SP had worked in his/her position for a period of time and had audited petty cash pouches before. The SP was trained on how to audit the petty cash pouches and was aware that the pouches and ledgers were supposed to be stored in the SP's locked file cabinet. Pi did not have concerns regarding the SP's contact with residents prior to this incident. Law enforcement was not investigating this case. Facility documentation showed that the SP received training on the facility s policies, including Individual Abuse, Neglect, Exploitation and Retaliation Statement of Policy and Employment Acknowledgement, and the Reporting of Maltreatment of Vulnerable Adults Act. Conclusion: A. Maltreatment: Between March 12 and 14, 2018, P2, P3, P4, and P5 gathered the petty cash pouches for the residents who lived at facilities A-E, including VAI-VA8, and R1 -R12. P2, P3, P4, and P5 counted the money in each pouch and documented the totals on a ledger. P2, P3, P4, and P5 then delivered the pouches to the SP who was responsible for completing a routine monthly audit. The SP was supposed to keep the pouches locked in his/her office. On March 15 and 16, 2018, P3 and P4 picked up the pouches for facilities A, B, and E. Over the following days, direct care staff persons notified P3 and P4 that money was missing from some, not all, of the pouches. (There was money missing from VA1-VA4, VA7-VA8; however, there was no money missing from 111-114, and Rl1-1112.) Upon receipt of the concerns, all of the petty cash pouches were audited again, and in doing so, it was discovered that a total of $382 was missing from the pouches belonging to VA1-VA8. However, once again, there was no money missing from Rl-R12. The SP did not respond to this investigators request for an interview and therefore, did not provide information for this investigation. Given that VA1's-VA8's money was stored either at the facility and/or in the SP's office, and that although there was an exterior door in the SP's office, it was kept locked and only accessed by a staff person for deliveries during business hours, there was a preponderance of the evidence that a staff person took $382 belonging to VA1-VA8 without the legal authority to do so. It was determined that financial exploitation occurred (in the absence of legal authority a person willfully uses, withholds, or disposes of funds or property of a vulnerable adult). B. Responsibility pursuant to Minnesota Statutes, section 626.557, subdivision 9c, paragraph (c): When determining whether the facility or individual is the responsible party for substantiated maltreatment or whether both the facility and the individual are responsible for substantiated maltreatment, the lead agency shall consider at least the following mitigating factors: 1) whether the actions of the facility or the individual caregivers were in accordance with, and followed the terms of, an erroneous physician order, prescription, resident care plan, or directive. This is not a mitigating factor when the facility or caregiver is responsible for the ResCare Minnesota, Inc. Reports: 201802057, 201802068, 201802084, 201802087, 201802098 Page 7 issuance of the erroneous order, prescription, plan, or directive or knows or should have known of the errors and took no reasonable measures to correct the defect before administering care; 2) the comparative responsibility between the facility, other caregivers, and requirements placed upon the employee, including but not limited to, the facility's compliance with related regulatory standards and factors such as the adequacy of facility policies and procedures, the adequacy of facility training, the adequacy of an individual's participation in the training, the adequacy of caregiver supervision, the adequacy of facility staffing levels, and a consideration of the scope of the individual employee's authority; and 3) whether the facility or individual followed professional standards in exercising professional judgment. Although the petty cash pouches were stored in the SP's locked office, the pouches were not stored in a locked file cabinet as they should have been and more than one staff person had access to the SP's office and/or had access to a key to access the SP's office. Given that there was no direct evidence that the SP was responsible for taking the missing money, the responsibility for the financial exploitation of VAI-VA8 was inconclusive. Action Taken by Facility: The facility completed an internal review, and determined that policies and procedures were not followed. The facility made changes so that any time money is transferred between parties, two staff persons are required to count the money and sign that they counted the money. All staff persons received training on this change. Action Taken by Department of Human Services, Office of Inspector General: No further action taken. Investigation Shows Maltreatment of Vulnerable Adults at Residence Facility Photo: Google Maps August 22, 2017 05.39 PM A Minnesota Department of Human Services investigation concluded four vulnerable adults at a residential facility were forced to use garbage cans after a toilet became plugged, and made to haul that human waste into the trash in the facility's garage. But though maltreatment was substantiated, the report found it was a result of a staff person not following adequate policies and procedures already in place. And given immediate steps ere taken to address the situation, the report stated no corrective action is being ordered. The report alleges the conduct occurred from June 16-19 in a facility run by ResCare Minnesota, part of Louisville, Kentucky -based ResCare - a company described on its website as the "largest diversified health and human services provider in the U.S." We deeply regret this situation," the company said in a statement. RELATED. NDH- Home HeaXh Prr®eo ere Md MW Take Ac Ua n to Save FaUent Despft Order (hftp://kstp.com/news/home-health-providers-investigation- patient-death/4567398/?cat=1) We are committed to ensuring the safety and well-being of our clients every day. We conducted an internal investigation as soon as we learned of this issue and immediately took immediate action to correct the plumbing situation. The employee has been separated from employment with ResCare. Our employees are trained to serve with compassion and respect. We do not tolerate behavior that does not comply with regulations or our mission." The report described the facility in question as a "split entry styled home. The facility had one athroom on the main floor, and another bathroom was located in an apartment that was used for the live-in staff person." In this case, the investigation reported, the live-in staff person "was typically gone on weekends and usually returned to the facility on Sunday nights at 10 p.m." Which meant the live-in apartment on the lower level was locked, and the staff person working at the facility from 2 p.m. on June 16 to 10 p.m. on June 18 did not have access. 15 E8 , chat.( x'43"i,t 3€3ti2t1iP Nursing Horne (http://kstp.com/news/minnesota-department-of-health-investigation- f finds -a n nandale-n u rsing-home-neg lected-patient-/4494358/?cat=12196) According to the investigation's findings, the staff person on duty said the remaining toilet I became plugged on the morning of June 17. The staff person put tape on it and allegedly told the vulnerable adults "to have bowel movements in plastic bags that were put into garbage ans in the bathroom and to run water in the shower when they had to urinate." 0 https://www. wvgazettema i I. com/business/teen-s-death-comes-am id-complaints-at-resca re-s-wv/article_59dO84f0-35c2- s9cd-8890-d7bObfdd7b80. html Teen's death comes amid complaints at ResCare's WV facilities Giuseppe Sabella Apr 15, 2017 i i{.,..Wi4d Woodward Children's Home in Charleston, where Jeremy Bush, 13, lived before he stole a van, crashed soon after and died. GIUSEPPE SABELLA Gazette -Mail The death of a teenage ResCare client on March 15 followed dozens of complaints against the company's West Virginia facilities. From 2012 to 2016, the state Office of Health Facility Licensure and Certification confirmed 32 complaints among 10 West Virginia ResCare agencies. These included allegations of neglect, sexual abuse and issues with the training and staffing of employees. OHFLAC substantiated each complaint, including 10 from 2016, as part of its responsibility to uphold state licensure rules and federal certification regulations. ResCare's corporate office is located in Louisville, Kentucky. Among several other services, its residential facilities provide care for people with often extreme physical and mental disabilities. This is a list detailing some of the complaints filed against ResCare with OHFLAC: nnn Jeremy Bush, 13, took a Dodge Caravan from Woodward Children's Home, a ResCare facility in Charleston, and drove half a mile before he crashed into a stone wall. consumed the van, and Bush died at the scene. Though his death is still under investigation, state OHFLAC surveyors recently verified several cases of clients leaving other ResCare locations. A ResCare agency in Clarksburg discovered a neighbor of one facility returned its resident on Jan. 17, 2016. It was the client's fifth time leaving without anyone noticing. The client entered the neighbor's home and made himself a cup of coffee. When the neighbor brought him home, she found an unlocked gate, a faulty doorbell and a staff member asleep on the couch, according to OHFLAC. A facility under the same agency lost a client in 2015 and found him in a company vehicle later that day. An employee reported the disappearance a day later after she overheard two nurses talking about the incident. An OHFLAC investigator discovered the facility never gave the client a proper medical assessment, nor did it pr^nerly train the employee assigned to care for him. Three other ResCare agencies temporarily lost clients or left them alone between 2015 and 2016. An agency in Logan had three incidents in one year. An employee allegedly left the first client alone in a car twice in one day: once to pay for gasoline and another time to drop clothing off to her son. The second client escaped from her bedroom window and the third client A,alked out of his yard without an employee noticing. Neighbors returned the clients during two of the incidents. Complaint records do not show any recent escape incidents at the facility from which Bush stole the van he would eventually crash. They do reveal notes about a resident's known behavior in 2014. The resident, listed as "Client 2" in the report, was known to "flee from his home and out of staff's eyesight" The report goes on to classify the facility's residents as "severely and profoundly retarded clients who are aggressive, assaultive or security risks:' The facility, it said, failed to staff enough employees to care for each client. Sometimes one employee would take care of four clients for hours at a time. Records from Metro 911 of Kanawha County show emergency services responded to the facility about 35 times in the last two years. many as 10 calls were from people concerned about patients outside the facility, said Rick McElhaney, the deputy director of Metro 911. Most of the other calls were for triggered fire alarms, he said. nnn In 2016, an employee of the ResCare agency in Beckley put a girl, who was confined to a wheelchair, into a company van with low tire pressure, an expired registration card and an odometer that displayed nearly 7,000 miles more than the recommended number for an oil change. The employee grabbed two of four available straps to secure the wheelchair and hooked them to the wrong spots, the OHFLAC report shows. The girl fell over and hit her head during the trip. Instead of calling for help, the employee notified another staff member who then called for an ambulance. Emergency responders transported the girl to a hospital, and authorities then directed her to Charleston Area Medical Center 30 minutes later for a "brain bleed" The employee who failed to secure the wheelchair resigned at a company office. A hospital treated the girl's head injury for five days, and she returned to the hospital with a new injury just two days after being released. someone who suffered a stroke in 2007, the girl had trouble sitting in armless chairs or on a bed without falling out. Still, nobody attached rails to her bed. She fell to the floor before her second visit to the hospital, and an employee put her back in bed without notifying someone qualified to evaluate her possible injuries, OHFLAC noted. The employee tried to call a manager instead of 911, and the girl again fell and hit her head on a nightstand. She was later put on life support. As fluid gathered in her lungs and her kidneys shut down, the girl died after her guardian decided to have the ventilator removed. nnn A ResCare facility in Parkersburg waited two days to report an employee who sexually abused two clients in 5, OHFLAC found. Both clients had care plans that outlined the importance of giving them personal space. Even a hug would violate the plans. On Aug. 14, 2015, OHFLAC reported, an employee gyrated on a pool noodle and described her sex life. She also simulated sex on one of the clients and then told both clients to do the same to each other. Though a supervisor discovered the abuse three days later, she waited another two days to inform another manager It took another day for employees to report the abuse to Adult Protective Services. In a similar delay the year before, a client of the ResCare agency in Huntington reported sexual abuse and did not receive an investigation until days later, according to OHFLAC. In late February 2016, a client of the agency in Lewisburg said she performed oral sex on an employee. The facility waited several days before it reported the incident to Adult Protective Services, and the employee Pdmitted to the girl's allegation after her guardian called police, OHFLAC found. Management placed the employee on administrative leave several days after the girl reported him. nnn Marjorie Carpenter joined Kenova Group Home — a ResCare facility — as a registered nurse in 2003, later taking a job as the director of nursing in 2008, according to a lawsuit filed in Wayne County Circuit Court. Carpenter started to bring issues to the attention of management in 2011. She was concerned about abuse, patients' privacy rights and illegal drug use by employees, the suit states. Other employees accused her of harassment, and the investigation into their complaints led to Carpenter's concerns being labeled as "foolish and unfounded," the suit alleges. gave OHFLAC surveyors a disc of information regarding privacy violations on Sept. 13, 2011. On the same day, her supervisor said an employee resigned in April and claimed Carpenter created a hostile work environment, the suit states. According to OHFLAC records, a confidential informant gave surveyors a collection of photographs and videos exhibiting abuse. One video showed a client hiding her face and crying. She begged the person filming to turn off the camera, but the tape continued. Laughter can be heard in the background. Someone photographed another client with her jeans pulled lower than normal and her undergarments stretched "extremely high:' Some of the pictures appeared on Facebook, and surveyors later discovered the files came from a company computer. The center's executive director lost his job over the incident, and the facility placed Carpenter on administrative leave for "creating a hostile environment;' according to the suit. Though she had no ir,-,lvement in the wrongdoing, the company apparently fired her about a month later. In 2015, a woman employed by a ResCare office in Buckhannon said she suffered from nightmares after a client tried to rape her at an understaffed residential facility. According to a lawsuit filed in Upshur County Circuit Court, the facility's two patients required one-on-one supervision. However, the woman took care of both patients by herself several times, the suit states. i ,e woman had just finished cleaning furniture in the living room when a client came out of his room and became angry. He followed her to the porch, where she tried to isolate herself while the client calmed down. Knowing he couldn't be reasoned with, the woman wanted to make a call. The patient then slapped and punched her as she struggled to get the phone. The woman tripped and fell along the way, and the patient reportedly groped her. The struggle escalated until with her children in mind — the woman had to beg for her life, according to the suit. Police arrested the man, and ResCare officials posted his bail before they returned him to the home, the suit states. An employee with the company's human resources department soon met with the woman to discuss her well-being. She complained to the employee about being left alone at the home —15 minutes later, the company suspended her for allegations of misconduct, the complaint alleges, and a job ad for her position appeared the same day. The parties in each case settled the lawsuits out of court. nnn ResCare serves approximately 1,000 people and employs another 2,500 throughout West Virginia. The company's goal is to eliminate incidents related to safety and impropriety, Kristen Trenaman, the director of marketing communications for ResCare Inc., wrote in an email. RP,Care's top priority is always to ensure the safety and well-being of the individuals we serve, our employees and our caregivers;' she said. Trenaman said privacy concerns prevent ResCare from addressing individual complaints with the media. ResCare published a document in March that outlined challenges to caring for people with intellectual and developmental disabilities. e report cites growing demand, shifting demographics, mounting regulations, and stagnant state and federal budgets for a workforce crisis in the health care industry. Given current funding levels and restrictions, the industry struggles to retain the most qualified workers and is not rewarded for developing or implementing technologies to ease the demand on personnel." Despite the existence of challenges, Trenaman said ResCare is investing in technology, creating real-time care plans and utilizing emergency response solutions to better serve approximately 60,000 people throughout the U.S. We are deeply saddened when harm comes to any of the individuals we serve or to any of our employees," Trenaman said. Reach Giuseppe Sabella at giuseppe.sabella@wvgazettemail.com, 304-348-5189 or follow @Gsabella on Twitter. West Carrollton group home death ruled a homicide 12/16/18, 12:07 PM West Carrollton group home death ruled homicide; state watchdog joins investigation Published: Monday, May 14, 2018 @ 8:54 AM By: Breaking News Staff (/online/contacts/breaking-news-staff/Ig38jnQ4FHOEVbcxhtwh6Nt), Nick Blizzard news/local/nick-blizzard/6wjXfAiMDuUWYJA72WVkAL/), Mike Campbell (/entertainmen[/personalities/mike- campbell/Qh 18A71YSOBzMVVVAcdwO/I Montgomery County Coroner's Office rules that the March death of a man who lived in the home, was a homicide. WEST CARROLLTON — The death of a man who lived at a West Carrollton group home on Redbluff Drive in March has been ruled a homidde, the Montgomery County Coroner's Office said. West Carrollton police told our reporters they plan on presenting evidence in the death case to a three -prosecutor panel in Montgomery County in the next 24 hours. The panel will consider whether criminal charges are warranted. Jerrold Duskey, 65, of West Carrollton, died around 11:15 p.m. March 5 at Kettering Medical Center from complications of multiple blunt force injuries to his head, torso and left upper extremity, the coroner's office said. The coroners office said an acute intracranial hemorrhage was a significant contributor to his death. Content Continues Below RELATED: Police have suspects In West Carrollton group home death investigation http%/Iw .whio.com/news/local/west<arrolIton-police-investigate-redbluff-drive- death/4gNejj pB2AALU2dPDja8TLn An Ohio advocacy group also is investigating the west Carrollton group home where death happened. Disability Rights Ohio is looking Into the group home on Redbluff Drive, where Duskey lived, said Michael Kirkman, executive director of DRO. https://www.whio.com/news/local/west-carrollton-group-home-death-ruled-homicide/z WJ7ThODc6TXBak4T5ERTN/ Page 1 of 5 West Carrollton group home death ruled a homicide 12/16/18,12:07 PM West Carrollton police said they have suspects identified in connection to the case, however no charges have been filed. Police said they plan to pursue charges In the case once they receive the final autopsy report from the coroner's office. Police said they have an active investigation at Duskeys Redbluff Drive residence involving an incident Feb. 14. TRENDING: Meth makes deadly comeback in Dayton area (https://www.mydaytondailynews.com/news/crime- law/meth-makes-ki Iler-comeback-daytonarea/STiaxGKzzSGYsOfdLvaRz)lI A residential manager at the group home reported to police possible physical abuse involving one of its residents on Feb. 14. We have reason to believe a resident has been abused," the manager told 911 operators, adding that Its not known how the resident sustained the reported injuries. ResCare, Inc. manages the group home on Redbluff. A spokeswoman for the organization said two caregivers, who were working at the time the incident occurred, have been removed from employment. We continue to work closely and in cooperation with law enforcement and with external investigators. After conducting our own internal investigation, following our policy and protocol, we separated two caregivers from employment who were working during the time the incident occurred," said Kristen Trenaman, spokeswoman for ResCare. TRENDING: How four kids from Dayton ended pay toilets in America https://www.daytondailynews.com/news/lost-history-how-four-kids-from-dayton-ended-pay-toilets- ameri ca/It9zXTTDeVybTealN7rroOn ResCare Residential Services provides support to adults and children who need assistance with daily living due to a developmental, cognitive or intellectual disability. Programs offered include a range of services, including: community living, behavioral health support, in-home pharmacy solutions, TeleCare and supported employment, said Trenaman. Trenaman said, "We are heartbroken to learn that one of the individuals we supported passed away while hospitalized." The injuries that led to Duskeys death were sustained at his residence on Redbluff, the coroner's office said. Download the WHIO News app_. Get breaking news, weather, and traffic from W HIO -TV & AM 1290 and News 95.7 WHIG in one great app. Click a link below to get the app. 129099.7 Trending - Most Read Stories http://apple.co/2rkGcea) http://bit.ly/2rbgW4R) https://www.whio.com/news/local/west-carroliton-group-home-death-ruled-homicide/z WJ7ThODc6TX8ak4T5ERTN/ Page 2 of 5 Homeowner shoots, kills man trying to enter his home 7h Austin Homeowner shoots, kills man trying to enter his home By: Cay Bien (https://www.kxan.com/meet-the-team/calily-bien/882318310) E (mailto:calily.bien@kxan.com) Updated: Jan 05, 2015 07:40 AM CST Interactive Media Not Supported by Print) 12/16/18, 12:38 PM AUSTIN (KXAN) -- A man who feared for his -- and his family's -- safety shot and killed a man who had run away from a South Austin group home Monday morning, according to Austin police. https://www.kxan.com/news/local/austin/apd-investigating-suspicious-death-in-south-austin/1049502362 Page 1 of 3 Homeowner shoots, kills man trying to enter his home 12/16/18, 12:38 PM Invesugaiors say ine snoming nappeneo jusi oeTore ia:.5u a.m. In ine luzuu DIOCK Or braniley t5en A few minutes before the shooting, several 911 calls came in reporting a man who had been walking around the neighborhood banging on doors. When the man went to a home on Brantley Bend, he banged on the door and was able to force his way into the front entryway. The homeowner was alerted to the previous banging by his wife," said Senior Police Officer Veneza Bremner. "At which point, he went to the front door and fired his weapon at the suspect, striking him in the front of his body." The man died at the scene. The husband and wife, along with their three kids, were home at the time of the incident. The homeowner feared for his life and his family's life," said Bremner. The man who was killed had run away from a nearby group home after becoming agitated, a spokesperson for Rescare said. The company manages Educare Community Living Corp which is a home that provides services for people with intellectual and developmental disabilities. A staff member tried to follow the man, who is autistic, but could not convince him to come back. She then went back into the home to check on the other people living there. When she came back outside, police officers were outside and told her what had happened. Right now our staff members are trying to deal with their grief and the family's," said spokesperson Nel Taylor in an email statement. "Right now our staff members are trying to deal with their grief and the family's." Neighbor Steve Roberts lives at the end of the street. Well, I'm glad I'm not in that situation. He did what he thought he had to do; I probably would have done the same thing," said Roberts after first learning about the shooting. "I took the trash out, the can, and I heard three gun shots, 'Boom! Boom! Boom! ... I know they were gunshots and they weren't firecrackers because I shoot and hunt." Police are still trying to determine if officers were already on their way to the neighborhood for the initial disturbance when the shooting happened. Background Educare Community Living Corp Adult Protective Services is assisting law enforcement in the investigation. APS investigates nllpaatinnc of nhi ica nonlart nnri/nr avnlnitntinn nnri in this racy it tnrni ilri ho nntantinl naalart https://www.kxan.com/news/local/austin/apd-investigating-suspicious-death-in-south-austin/l0495O2362 Page 2 of 3 Homeowner shoots, kills man trying to enter his home According to a spokesperson for the Department of Aging and Disability Services, Educare Community Living Corp. is a licensed ICS (intermediate care facility) for individuals who have intellectual and developmental disability. 12/16/18, 12:38 PM In the past three years, DADS said the facility had some minor deficiencies but all of the issues were addressed. DADS said Educare has operated since November 1, 2011. The license allows them to operate a six - bed facility. Anytime there are facilities such as these in a neighborhood, residents can reach out to DADS at 1- 800-458-9858 in case they have any concerns. When you're allowed to shoot in Texas Copyright by KXAN - All rights reserved https://www.kxan.com/news/local/austin/apd-investigating-suspicious-death-in-south-austin/1049502362 Page 3 of 3 State to investigate special needs home after fatal shooting 12/16/18, 12:48 PM tatesman State to investigate special needs home after fatal shooting By Nicole Chavez Posted Sep 24, 2016 at 12:01 AM Updated Sep 25, 2018 at 5:25 PM In the wake of the fatal shooting of an autistic man after he ran away from his special needs home, the state agency overseeing such facilities has opened an investigation into its operations. Jared James, 24, was killed Monday morning in South Austin after police say he broke into a house near the facility and the homeowner shot him. James was pronounced dead at the scene. Police found his body within the threshold of the shooter's home, police said. nthorities are not pursuing charges against the shooter, who KVUE-TV identified as John Daub. The Travis County district attorney's office will review the case. A police spokeswoman said it is standard procedure. A resident who lives near the special needs home said on Tuesday it is not the first time someone ran away from the facility. Joan Inbody, 84, said that a few weeks ago she was sitting inside her home on Brantley Cove when she saw a man running from the special needs home while several staff members chased him. They were outside looking for him for about two hours until they found him," Inbody said. "I don't know where he was for so long." Even though the home has been operating for years near her home, Inbody said doesn't feel the facility fits in the neighborhood. https://www.statesman.com/NEWS/20160924/State-to-investigate-special-needs-home-after-fatal-shooting Page 1 of 2 State to investigate special needs home after fatal shooting 12/16/18, 12:46 PM The special needs home at 10202 Brantley Cove — where James lived — is operated by ResCare, a Ventucky-based company running 20 similar facilities in Travis County, according to state records. Lviost have an overall rating below the state average, according to the state department that oversees such facilities. The ResCare home appeared to be operating on Tuesday after Austin police and the Texas Department of Aging and Disabilities Services launched their investigations. At least six people live at the home under the supervision of ResCare staff, officials said. Although the Brantley Cove home is privately owned and the state does not fund it, the facility is certified to accept Medicaid funding. If our investigation finds deficiencies that we believe warrant law enforcement action, we might recommend that the federal Centers for Medicare and Medicaid Services revoke that certification," said Cecilia Cavuto, a spokeswoman with the Texas Department of Aging and Disabilities Services. Last July, the state found 27 health and safety deficiencies to federal standards during an annual I-spection at the Brantley Cove facility, which included the lack of qualified staff to attend clients with mental retardation, according to state records. ResCare has corrected most of them since then, records showed. The Brantley Cove home is due to pay an administrative penalty of $4,000 from 2013, according to state records. A spokeswoman for ResCare said James ran from the home after becoming agitated. A staff member chased after him but could not persuade him to return, the spokeswoman said. The staffer went inside the home to check on the other residents there and when she returned she was told by police that James was dead, Taylor said. Staff did not call 911. Authorities first learned of the shooting at 6:26 a.m., when a resident at the home where the shooting occurred called the police. Following the shooting, police learned from neighbors that James had banged the doors of several nearby homes. https://www.statesman.com/NEWS/20160924/State-to-investigate-special-needs-home-after-fatal-shooting Page 2 of 2 Records: ResCare Agency facilities struggling with staffing shortages Qecords: ResCare Agency facilities struggling 4ot i staffing shortages By AP I Posted: Mon 10:26 PM. Sep 10. 201 1 Updated: Mm 10:43 PM. Sep 10.2018 CHARLESTON, W.Va. (AP) - Complaints filed with a West Virginia state agency say ResCare Agency facilities are struggling with fling shortages, causing problems such as missed doctors' appointments and incorrectly administered medication. company provides care for people with extreme physical and mental disabilities, among other services. Most of the nine substantiated complaints filed with the state Office of Health Facility Licensure and Certification since last year lay out the problems due to staff shortages. One says a lack of supervision allowed a patient to run away. Another says patients are commonly told that their doctors' appointments have been "cancelled due to staffing issues., The state agency confirmed 32 ResCare facility complaints from 2012 to 2016. Some also included allegations of neglect and sexual abuse. A ResCare spokesperson says the company is working to identify recruitment and retention solutions to ensure staffing needs are met. Copyright 2018 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.) rSrAa PETSMART . Hover for Circular lar WLmoYOuape Showi5ldne Ka 24-'— 299° x6aa• — a4 —= Hover for Circular l STAPLES a Hover for Circular Powered by 12/16/18, 2:05 PM https://www.thenewscenter.tvlcontent/news/Records-Behavioral-health-centers-deal-with-staff-shortages-492914341.htmi Page 1 of 2 Major problems found at group home after special needs resident allegedly beaten, sexually assaulted July 09, 2018 4:34 PM in The Investigative Unit Source: WBRZ By: Chris Nakamoto BATON ROUGE - The Louisiana Department of Health launched an investigation into a local group home after a Livingston Parish resident was left with a broken nose and urinated on by another resident. The investigation revealed at least 13 deficiencies that needed an immediate correction, according to the 67 -page report the WBRZ Investigative Unit obtained. Caleb Sharp, 22, has a chromosomal anomaly which requires him to depend on adults for care. Sharp was staying in a group home in Ponchatoula when things went wrong this year, according to his mother. Caleb was lying in his bed, and [another resident] was instructed by another worker to urinate on Caleb while he was lying in his bed," Jessica Mitchell said. Mitchell took Caleb home and immediately called a meeting with administrators. After that meeting, Caleb came home and lived with me for about a week," Mitchell recalled. "He went back to the group home. When he went back, that's when the horror story began." The horror Mitchell refers to is documented in pictures that show her son beaten and bloodied. First we called the police," Mitchell said. "A deputy came out and said because of the circumstances he was not able to do anything at that point. He took my husband's statement and left." Mitchell also filed complaints with the State Department of Health, which launched an investigation into the group home and found 13 major problems. The 67 -page report notes the facility failed to protect clients from physical and psychological abuse, neglected to seek medical treatment after the incidents, and found the facility couldn't provide evidence that the abuse was thoroughly investigated. I gave them my child to take care of, and the opposite happened," Mitchell said. This needs to stop. They need to be held accountable for what they've done and what they've allowed to happen." http://www.wbrz.com/news/major-problems-found-at-group-home-after-special- needs-resident-allegedly-beaten-sexually-assaulted/ Last month, Mitchell sued Rescare and the workers responsible for what happened to Caleb alleging Rescare employees directed people in the house to physically beat, sexually assault, taunt and psychologically abuse him, as well as urinate on him and his belongings. This instance has set Caleb back and his family back," Mitchell's attorney Scott Mansfield said. "It has thrown their world off and thrown a wrench in their daily lives, and it needs to be addressed by Rescare. " Mansfield said Rescare has a history of doing this across the country which results in big problems for residents. Rescare is responsible for hiring qualified employees and training them to care for people with special needs," Mansfield said. "Rescare hires unqualified workers and families trust these people to care for their loved ones with special needs and Rescare has failed them." Attempts to reach people at the group home were unsuccessful. Knocks at the door went unanswered. A spokesperson for Rescare released the following statement, "It is Rescare's policy not to comment on pending litigation." Meanwhile, Mitchell said Caleb is back at home. She wants her fun -loving son back. I don't want another family or another special needs adult to have to go through what Caleb's gone through and what our family has gone through," Mitchell said. The WBRZ Investigative Unit obtained job listings for Rescare and the listings indicate applicants need no formal skills or training. According to Rescare, it operates in 42 states, Canada, and Puerto Rico. http://www.wbrz.com/news/major-probl ems -found -at -group -home -after -special - needs -resident -allegedly -beaten -sexually -assaulted/ Elizabethtown man arrested after ResCare worker found stabbed to death I Crime Reports I wdrb.com Elk River, MN: This Unbelievable, Tiny Company Is Disrupting A $200 Billion Industry https://www.wd rb.com/news/crime-reports/elim bethtown-ma n-arrested-after-mscare-worker-found-stabbed-to-death/article_ 5b7828ed-699f-534b-8280-e5ad8a627d lc htm l Elizabethtown man arrested after ResCare worker found stabbed to death Jan 4, 2017 611, 1 11 1L 9 S 7 6 5 4 3 9 EuLABETHTOW N, Ky. (WDRB) --A Hardin County man is charged with murder after an employee at a home care facility was found stabbed to death early Wednesday. Authorities say the victim, now identified as 66 -year-old Sally Berry of Radcliff, was dead when deputies arrived at Community Alternatives of Kentucky, a division of ResCare. ResCare has multiple facilities in Kentucky and across the country. This one in the 200 block of Bryan Street in Elizabethtown cares for adults with developmental disabilities. Hardin County Sheriff John Ward said another employee discovered Berry's body in a pool of blood when she came for a shift change. Sheriff Ward said that employee called 911 just before 11:00 p.m. Tuesday. Ward says a patient at the facility, 32 -year-old Linda le Cunningham, admitted stabbing Berry. Two other male patients were in the home at the time. Cunningham was arrested Wednesday at 3:46 a.m. Ward says investigators are trying to determine what led to the stabbing. 12/16/18, 2:14 PM https://www.wdrb.com/news/crime-reports/elizabethtown-man-arreste...tabbed-to-death/article 5b7828ed-699f-534b-8280-e5ad8a627dic.html Page 1 of 3 2 611, 1 11 1L 9 S 7 6 5 4 3 9 EuLABETHTOW N, Ky. (WDRB) --A Hardin County man is charged with murder after an employee at a home care facility was found stabbed to death early Wednesday. Authorities say the victim, now identified as 66 -year-old Sally Berry of Radcliff, was dead when deputies arrived at Community Alternatives of Kentucky, a division of ResCare. ResCare has multiple facilities in Kentucky and across the country. This one in the 200 block of Bryan Street in Elizabethtown cares for adults with developmental disabilities. Hardin County Sheriff John Ward said another employee discovered Berry's body in a pool of blood when she came for a shift change. Sheriff Ward said that employee called 911 just before 11:00 p.m. Tuesday. Ward says a patient at the facility, 32 -year-old Linda le Cunningham, admitted stabbing Berry. Two other male patients were in the home at the time. Cunningham was arrested Wednesday at 3:46 a.m. Ward says investigators are trying to determine what led to the stabbing. 12/16/18, 2:14 PM https://www.wdrb.com/news/crime-reports/elizabethtown-man-arreste...tabbed-to-death/article 5b7828ed-699f-534b-8280-e5ad8a627dic.html Page 1 of 3 Elizabethtown man arrested after ResCare worker found stabbed to death I Crime Reports I wdrb.com We didn't receive a call prior to the call last night, we didn't receive a call of a fight or anything like that, we just received a call from the worker coming into relieve the victim and that's when she found the victim laying on the P nr:" Ward said. ResCare released the following statement Wednesday afternoon: ResCare is deeply saddened by this very tragic loss of one of our own employees with years of dedicated service as a care giver and we extend our sympathy to the family forthe loss of their loved one. Our number one priority is to ensure the safety and well-being of each and every one of our clients and staff members at all times. We are cooperating fully with the police investigation and are unable to comment further on this matter due to the investigation. Cunningham is being held at the Hardin County Detention Center. Harry Baxter has lived across the street from the facility since 1996. He said police were called to the home multiple times in the past. He said the victim, Berry, was also hurt while working at that home last summer. She had gotten roughed up:' explained Baxter. "And she wants to know, because I was a retired deputy sheriff, she wanted to know what to do about it. And I said, 'Ma'am don't play around. Call the police: I said, 'If you need to get out of there, come straight across the street, and we'll take care of you until the cops get here."' Baxter said he didn't know much more about Berry or her family. But he said he worried for her and he feels terrible for her family. She was somebody I spoke to in passing every time she showed up:" said Baxter, holding back tears. "And when she got ready to leave, I said, 'Well, how did it go last night?' And she said,'WeR, I made it' Welt, last night she didn't" Copydght2017WDRB Media. All rights reserved. 12/16/18, 2:14 PM https://www.wdrb.com/news/crime-reports/elizabethtown-man-arreste...tabbed-to-death/article_5b7828ed-699f-534b-8280-e5ad8a627dlc.html Page 2 of 3 Bristol, Virginia Man Pleads Guilty to Conspiracy to Commit Healthcare Fraud I USAO-WDVA I Department of Justice THE. i, ITER STATES ATTORNEYS OFFICE WESTERN DISTRICT o VIRGINIA c HOME ABOUT MEET THE U.S. ATTORNEY PROGRAMS JOBS CONTACT U.S. Attorneys » Western District of Virginia >> News Department of Justice U.S. Attorney's Office Western District of Virginia FOR IMMEDIATE RELEASE Search NEWS DIVISIONS 12/16/18, 11:36 AM Wednesday, April 12, 2017 Bristol, Virginia Man Pleads Guilty to Conspiracy to Commit Healthcare Fraud ABINGDON, VIRGINIA —A Bristol man, who along with his wife and another woman, was accused of healthcare fraud charges, has pled guilty to related federal charges, Acting United States Attorney Rick A. Mountcastle, Virginia Attorney General Mark R. Herring and Nick DiGiulio, Special Agent in Charge, Philadelphia Regional Office for U.S. Health and Human Services - Office of Inspector General announced today. Bryan Harr Sr., 41, of Bristol, Va., pled guilty yesterday in the United States District Court for the Western District of Virginia in Abingdon to one count of conspiracy to commit healthcare fraud. Melissa Harr previously pled guilty to one count conspiracy to commit healthcare fraud. Deborah Branch, 64, is also charged as part of the conspiracy. Bryan Harr Sr. admitted yesterday that he and his wife, Melissa Harr, hired Branch to work with one of their children, who suffers from intellectual and physical disabilities and who qualifies for services paid for by Virginia Medicaid, including personal assistance, respite and residential support services. These services are available to qualified individuals pursuant to Virginia Medicaid's Intellectual Disability (ID) waiver program. The ID waiver program is designed to provide critical services that enable a recipient to remain at home instead of being placed in an institution. Recipients or their guardians are permitted to hire workers of their own choosing to provide these services which are paid for by Virginia Medicaid. https://www.justice.gov/usao-wdva/pr/bristol-virginia-man-pleads-guilty-conspiracy-commit-healthcare-fraud Page 1 of 2 Bristol, Virginia Man Pleads Guilty to Conspiracy to Commit Healthcare Fraud I USAO-WDVA I Department of Justice 12/16/18, 11:36 AM Branch was paid through two different Virginia Medicaid contractors: Public Partnerships, LLC and ResCare (formerly known as Creative Family Solutions). From January 2010 until September 2015, Branch, with the knowledge of Melissa Harr and Bryan Harr Sr., submitted time sheets claiming Branch was providing services for Harr's disabled son when she was not. In exchange for assisting Branch in getting paid for work she did not do, Branch paid the Harrs approximately $200 every two weeks. Virginia Medicaid's Department of Medical Assistance Services DMAS) paid out $350,641.02 to the contractors based on these time sheets, of which $207,854.43 was paid to Branch. More importantly, the Harr's disabled son did not receive the services he legitimately needed pursuant to the ID waiver program. The investigation of the case was conducted by the Medicaid Fraud Control Unit of the Virginia Attorney General's Office, the U.S. Department of Health and Human Services Office of Inspector General, and the Bristol Virginia Police Department. Special Assistant United States Attorney Janine M. Myatt, a Virginia Assistant Attorney General, is prosecuting the case for the United States. Topic(s): Health Care Fraud Component(s): USAO - Virginia, Western Updated April 12, 2017 https://www.justice.gov/usao-wdva/pr/bristol-virginia-man-pleads-guilty-conspiracy-commit-healthcare-fraud Page 2 of 2 ResCare Whistleblowers - Have Evidence of Res -Care Misconduct? Reasonable Do iot Bldg 12/16/18, 11:37 AM TULLY&WEISS California Criminal Defense Attorneys Experienced & Aggressive Lawyers Focused on your Liberty All Courts 925.229.9700 510.269.9227 530.776.0840 Contra Costa I Alameda Northern California Seeking ResCare (Res -Care) Whistleblowers July 15th 2017 https://www.tully-weiss.com/biog.php?article=rescare-whistleblowers-have-evidence-of-res-care-misconduct 76 Page 1 of 11 ResCare Whistleblowers - Have Evidence of Res -Care Misconduct? 12/16/18, 11:37 AM The Law Office of Tully & Weiss wants to speak with insiders who work or once worked at ResCare also known as Res -Care, Inc). We are investigating claims of Medicare and Medicaid fraud. Under the federal False Claims Act and the laws of dozens of states, people with inside information who are brave enough to step forward and disclose what they know about healthcare fraud involving government funded healthcare (Medicaid, Medicare &TriCare) can help save taxpayers their hard-earned money and may be eligible for large cash awards. In California, insiders with information about fraud involving Medi -Cal may be eligible for awards from the California False Claims Act. Who Is ResCare (Res -Care)? ResCare bills itself as "the largest diversified health and human services provider in the U.S" Their website says they are also: The biggest provider of healthcare services to people with disabilities, https://www.tully-weiss.com/blog.php?article=rescare-whistleblowers-have-evidence-of-res-care-misconduct_76 Page 2 of 11 ResCare Whistleblowers - Have Evidence of Res -Care Misconduct? 12/16/18, 11:37 AM The biggest privately -owned home care company, The biggest community provider of high -acuity neuro -rehab, and The largest career center workforce contractor in the U.S" Before being taken over by a private equity firm five years ago, ResCare annual reports were filed with the SEC and public. In its 2012 annual report, the company claimed that it provided services to 61,000 people per day in 44 states plus Washington DC and Puerto Rico. That report also claimed the company employed 46,000 people. Much of the community and in home services provided by Res Care include professional nursing, personal care, Alzheimer's care, dementia care, homemaking and companionship. Services are offered in patients' homes, nursing facilities, assisted living facilities and even hospitals. Services may just be for 1 or 2 hours per week or for patients with more needs, up to 24 hours per day. Home care is offered in 34 states (as of December 31, 2012). In some states, Res -Care provides telemedicine services and emergency call button response. Investigation into ResCare's Billing Practices (Possible Medicaid Fraud) We are investigating claims that Res -Care does not properly bill for home and community based attendant services. 3tients receiving home care services through Medicaid (Medi -Cal) must have those services approved by a physician. Thereafter, those services must be recertified every year and revaluations done every 6 months. The purpose of the annual certification process is to ensure that patients require the services they are receiving and to see if the patients may require additional or different services. As patients recover or as their conditions worsen, their needs change. Medicaid doesn't want to pay for services that are not medically necessary. When Medicaid overpays, taxpayers pick up the tab. Because there are often wait lists for certain services, providers that falsely certify or fail to properly certify home care visits may be causing truly needy patients to go without needed care. Recertification visits generally must be done in the patient's home or wherever the patient is receiving care. The process is quite involved and requires an experienced nurse supervisor to review patients' records, patient concerns and progress notes. That supervisor must also evaluate a patient's need for continued services and establish a treatment or care plan for the next period if services are still needed. Physicians must approve those services. These recertifications insure the patient is getting the right services from the proper professionals. ey also insure that taxpayers and Medicaid are not getting ripped off for services that may no https://www.tully-weiss.com/blog.php?article=rescare-whistleblowers-have-evidence-of-res-care-misconduct_76 Page 3 of 11 ResCare Whistleblowers — Have Evidence of Res -Care Misconduct? 12/16/18, 11:37 AM longer be necessary. We are concerned that some home visits may not be taking place. To hide that these visits and valuations are not being properly performed, we believe that non -supervisory staff is perhaps simplyfilling in the review forms with fictional progress notes. Prior Frauds and Major Litigation Involving Res -Care Res -Care is no stranger to allegations of fraud and scams. In November 2009, a jury returned a verdict of approximately $53.9 million in damages against the company for violations of the New Mexico Resident Abuse and Neglect Act. Approximately $4.7 million of that award was for actual damages. The remaining $49.2 million was for punitive damages. The trial judge later trimmed the punitive damage award to $10.8 million. The New Mexico jury award didn't involve fraud but the case was so serious that jurors felt compelled to impose huge punitive damages against the company. Texas Res -Care Medicaid Fraud In 2005, ResCare settled Medicaid fraud billing claims brought by the State of Texas and the U.S. Department of Justice. The agencies claimed that the company's affiliate in Fort Worth, The itadel Group, back -dated documents and made false billings. In other words, patients were receiving less care than they should have received. The complaint said that workers would hold parties on Fridays but bill Medicaid as if they were seeing patients. Although denying any wrongdoing, Res -Care paid $2.15 million to settle the charges and closed its Ft. Worth facility. The case was originally filed by a whistleblower, a former ResCare mental health provider. In her complaint, she said the company: 1. Billed for mental health services that were medically unnecessary or never even provided, 2. Doctored patient records to hide their illegal activities, 3. Backdated records to insure Medicaid coverage wouldn't lapse, 4. Billed pizza parties as if actual mental health services were being provided, and 5. Billed for services while patients were sleeping! Did Res -Care learn? Apparently not. https://www.tully-weiss.com/blog.php?article=rescare-whistleblowers-have-evidence-of-res-care-misconduct_76 Page 4 of 11 ResCare Whistleblowers — Have Evidence of Res -Care Misconduct? 12/16/18, 11:37 AM Iowa Res Care Medicaid Fraud n 2015, Res -Care and ResCare Iowa paid $5.63 million to settle Medicaid fraud charges brought oy the Justice Department and Iowa. Prosecutors say that physicians were not completing the annual assessments needed for patients receiving homecare. According to the Justice Department,'The rules of both Medicare and the state of Iowa's Medicaid program require an independent physician to certify that home healthcare services are medically necessary and to order the specific type and amount of healthcare services to be provided by the home health agency. Additionally, since 2011, Medicare and Iowa Medicaid rules require these independent physicians to perform an in-person "face-to-face' assessment of each patient before the home health agency can bill the government for any home healthcare services. The settlement resolves allegations that between 2009 and 2014, ResCare Iowa billed the government for services provided to Medicare and Medicaid patients in Iowa without documenting compliance with these requirements" Res Care and West Virginia (Neglect, Sexual Abuse) Allegations West Virginia authorities are reportedly investigating the company after a patient recently died while in ResCare's care. Media reports say the facility where the death occurred has received dozens" of complaints including claims of neglect, sexual abuse and training deficiencies. rroviding improper or grossly deficient care can be a violation of Medicaid rules. When we entrust a loved one to the care of a professional healthcare company, we assume that they will be protected, receive adequate care and be safe. Improper staffing, patient abuse or improper training can all be violations of Medicaid guidelines. Indiana Medicaid Fraud We are also aware of yet another Medicaid fraud case currently making its way through the courts in Indiana. A former ResCare Qualified Intellectual Disabilities Professional (QIDP) filed suit in 2015 claiming that a manager told her that the company did not have enough staff to provide required services needed by patient. She claims that the manager "advised the QIDPs to begin recording their time spent on preparing developmental and behavioral plans as direct care hours [and] directed the QIDPs to backdate this time to reflect direct care in their progress notes for the month of February" Medicaid regulations do not allow these services to be billed as direct care. Her Medicaid fraud case was tossed on technical grounds earlier this year although thejudge said she could refile her claim. https://www.tully-weiss.com/blog.php?article=rescare-whistleblowers-have-evidence-of-res-care-misconduct_76 Page 5 of 11 ResCare Whistleblowers — Have Evidence of Res -Care Misconduct? 12/16/18, 11:37 AM ResCare Whistleblowers May be Entitled to Cash Awards Vhistleblowers are the best defense against Medicaid fraud. Government auditors can't be everywhere, all the time. In fact, auditors can only audit a small fraction of 1% of all providers each year. Even with an audit, fraud often goes undetected without the help of whistleblowers. This is especially true when companies use phony records and create false documentation. Under the state and California False Claims Acts, whistleblowers with inside information about Medicaid and Medicare fraud are eligible for large cash awards. Those awards are generally between 15% and 30% of whatever the wrongdoer must pay the government. The State of California also has a whistleblower award program for insiders with information about fraud involving private insurance carriers. To qualify for an award, one must have original source ("inside") knowledge of wrongdoing involving Medicare, Medi -Cal or Medicaid. Failing to provide proper annual and semi-annual recertifi cations for homecare, billing for ineligible services, over billing, billing for pizza parties and creating false health records are all indicia of Medicaid fraud. Do you have information about patient abuse or patients being sexually assaulted? We may be able to directly assist patients and their families. Call us today. Call for ResCare Whistleblowers If you work or once worked for ResCare, or any of their many affiliates, and have knowledge of fraud or wrongdoing, please give us a call. Cheating Medicaid is a crime, hurts patients and hurts taxpayers. All inquiries are kept confidential and are subject to the attorney client privilege. Talk to the experienced California whistleblower legal team at Tully Weiss to learn your rights and to see if you could be entitled to a whistleblower's cash award. Contra Costa 925.229.97001 Alameda 510.269.92271 North Cal 530.776.0840 Blog list https://www.tully-weiss.com/blog.php?article=rescare-whistleblowers-have-evidence-of-res-care-misconduct_76 Page 6 of 11 ResCare employee killed in grisly grouphome murder I whastt.com 12/16/18, 11:43 AM MENU WH"1110 WATCH LIVE 450 ow sme On Air 6:20PM LOUiwille," Woman murdered at a group home in e -town ResCare employee killed M cgrWy group home murder Harry Braxton had just settled in for the night Tuesday evening when he noticed the blue flicker of police lights pouring through the front window of his home. ELIZABETHTOWN, Ky. (WHAS71( — Harry Branton had just settled in for the night Tuesday evening when he noticed the blue flicker of police lights pouring through the front Window of his home. It was a sight the retired Hardin County deputy once knew all too well. Deputies unrolling crime scene tape.. Interviewing witnesses and collecting evidence. Cheddar Awards: What Millennials Killed in 2018 FEATURED BY oN But standing in front of his Bryan Street home Wednesday morning, Braxton appeared saddened and deeply troubled as he recalled the previous night's disturbing events. Nothing like that has ever happened on this street before," Braxton said, as he looked at the used crime scene tape piled in a driveway across the street. The home, which is owned by ResCare, houses men with special needs. Hardin Co. Sheriff John Ward said a ResCare employee called 911 just before 11 p.m. Tuesday to report the co-worker that she was relieving had been attacked. Deputies found Sally Berry's lifeless body lying in a pool of blood. She had been brutally stabbed multiple https://www.whasll.com/article/news/crime/rescare-employee-killed-in-grisly-group-home-murder/382221484 Page 1 of 4 ResCare employee killed in grisly group home murder I whastt.com 12/16/18, 11:43 AM times, Ward said. The 66 -year-old Radcliff woman was a ResCare employee who worked as a caretaker at the home. In this situation, you know, we have a 66-year4d woman who was outdoing her job and I'm sure she didn't go to work yesterday thinking about even the slight possibility of being harmed much less murdered," said Ward. "It's a sad situation" According to an arrest citation, Lindale Cunningham, a 32 -year-old resident of the group home, confessed to crime. He was one of three men being cared for at the home. Cunningham was taken into custody at the scene and later charged with murder. He was booked into the Hardin County Jail early Wednesday morning. It's a shame something like that happened to her," said Braxton, who knew Berry and some of the challenges she faced. He said Berry once expressed concerns about being "roughed up" by one of the residents, but continued her work despite her fears. He said he hopes there will be changes to ensure others don't suffer the same grisly fate. I just hope somehow they straighten it out and somebody looks at how these operations are run and have somebody devise some better safety protections for the workers here because they don't get paid enough for this" said Cunningham. "It's something somebody's gonna have to think about for a long time." ResCare issued a statement Wednesday in response to the incident ResCare is deeply saddened by this very tragic loss of one of our own employees with years of dedicated service as a caregiver and we extend our sympathy to the family for the loss of their loved one. Our number one priority is to ensure the safety and well-being of each and every one of our clients and staff members at all times," the company said in the statement adding that ResCare was fully cooperating with authorities as they continue the investigation. You May Like Why Are Women Ditching Their Yoga Pants for These Amazing Bottoms? American Giant U.S. Cardiologist: Stop Taking Probiotics Immediately Gundry MD U.S. Cardiologist: It's Like a Pressure Wash for Your Insides Ht aith seadrtnes Luxury Cars You Might Not Believe Exist Luxury Cars I search Ads Sponssre! Links by Tab a https://www.whasll.com/article/news/crime/rescare-employee-killed-in-grisly-group-home-murder/382221484 Page 2 of 4 Police say caretaker beat two disabled men inside their Hamilton County home I FOX59 12/16/18, 11:57 AM Police say caretaker beat two disabled men inside tneir Hamilton County home POSTED 455 PM, AUGUST 30, 2017, BY ALEXIS MCADAMS, UPDATED AT 0673PM AUGUST30, 2077 FOX4 This is on archived article and the information in the article maybe outdated. Please look at the timestamp on the story to see when it was last updated. Police say caretaker beat two disabled men inside of their own h... HAMILTON COUNTY, Ind. -Police say two disabled men were beaten, bruised and attacked inside of their Hamilton County home by their caretaker. He has cerebral palsy and he is non-verbal and cannot walk. He wears a diaper. He cannot getup and walk and he cannot tell someone that he has to go to the bathroom. That is theirjob to take care of him and change him," said Barbara Greathouse, a mother of one of the victims. The man who was supposed to be helping the men, 23 -year-old Michael Anderson, is now facing felony charges. According to court documents, Anderson beat the two disabled roommates so badly that he broke their bones. Before the men were beaten, one of the victims reportedly had an accident in bed. Court documents say Anderson went to change the sheets and had a meltdown. https://fox59.com/2017/08/30/police-say-caretaker-beat-two-disabled-men-inside-their-hamiIton-county-home/ Page 1 of 4 Police say caretaker beat two disabled men inside their Hamilton County home I FOX59 He wet himself and he just blew up and started hitting my son. He slugged him in the chest with his fist and when he got done with him, he went into his roommate's room and stn -ted hitting him;'saidGreathouse. Greathouse is the mother of 49 -year-old Anthony Harris. She is sick over the fact that her son and his roommate were left helpless. They were being tortured by him systematically" said Scott Benkie of the Law office of Benkie & Crawford. Benkie is the family's attorney. He says that while investigating they discovered that this was not the first time that Anthony was hurt by Anderson. Anthony's fingers had been broken. The way they had to be broken is bent backward;' said Benkie. Both men are now recovering from their physical injuries but are afraid to go back into their bedrooms. I want him to go to prison for a longtime;'said Greathouse. A lasting effect that Barbara says she just cannot forgive. I will not accept his apology. He asked the police to tell me that he was sorry and I will nt cept his apology. I cannot and I will not," said Greathouse. Anderson remains behind bars while the family works to file a civil lawsuit against Res - Care, the company that hired Anderson as a caretaker. Res -care sent FOX59 the following response to the incident: We were deeply saddened to learn about this situation. We immediately contacted law enforcement as soon as this incident was reported. As a result, the employee has been separated from employment with ResCare." 12/16/18, 11:57 AM https://fox59.com/2017/08/30/police-say-caretaker-beat-two-disabled-men-inside-their-hamilton-county-home/ Page 2 of 4 Employees at ResCare claim lack of training for prescription errors, says more is needed I KFOR.com We'd like to send you notifications for the latest news and updates. NO THANKS -,I , -le POSTED 232 PM, OCTOBER 19, 2017, BY LILT ZHENG, UPDATEDAT 07.14PM, OCTOBER 19, 2017 This isan archived article and the information in the article maybe outdated. Please look at the time stamp on the storyto see when it was last updated. Employees at ResCare claim lack of training for prescription err... 7N ENID, Okla. -Employees, past and present, of a ResCare center in Enid are speaking out against the company's training protocols. ResCare is a Louisville -based companywith several locations in Oklahoma. They serve the elderly, children,job seekers, and people with disabilities. Cynthia Stevens, a former employee, said she served as a program coordinator before leaving the company in September. According to Stevens, she left because she felt "the company didn't care" and added there were mistakes made with medications for their clients due to a lack of training. I think they need to have a house manager from the time they get there, from the time they arrive and I think they need to have 40 hours of training;' Stevens said. "I've written a couple of incident reports on myself absolutely, because I have missed one or I have 12/16/16, 11:45 AM https://kfor.com/2017/10/l9/employees-at-rescare-claim-lack-of-training-for-prescription-errors-says-more-is-needed/ Page 1 of 5 Employees at ResCare claim lack of training for prescription errors, says more is needed I KFOR.com accidentally... when one came in... I was doing another one and I hadn't realized the other hadn't finished all the pills so, yes, that person took another person's pill:' ee Powell, communications director of Oklahoma Department of Human Services, said ResCare contracts with DHS. Training, accordingto Powell, is regulated through DHS. When it comes to medication administration training, there are six residential training modules employees are trained on including communication, skill building, connections, ethical and legal issues. According to Powell, there are at least eight to 12 hours of additional annual training required. The training requirements we have are very, very detailed and very specific to caring for people with intellectual disabilities. It's a very difficu It job, and we know that but we provide a vast array of training for all of these provider agencies;' she said. However, Stevens tells News 4 she doesn't think the current training practices in place are enough for staff members to properly care for their clients. People are precious, whether they can think for themselves or not;' she said. "In my field and how i've seen it, are some of these clients in danger? In my opinion, yes, personally." The most recent quality assurance survey on ResCare, completed by a division of DHS, f i no outstanding deficiencies or complaints. One of the main things they are looking for is to make sure that staff are trained. They look individually at staff records, do a random sample of the staff, see if any are not trained or don't have all of their required training for that year;" Powell said. Kristen Trenaman, director of marketing communications for ResCare, said their employees and caregivers are trained in accordance to state licensing rules and regulations: in addition to meeting training standards from a regulatory and compliance standpoint, we're committed to going above and beyond - to delivering best -in -class training for our employees. We strive for continuous improvement to advance the level of quality care we provide for the individuals we serve. We're proud of the personalized, quality care ResCare provides, and we know our employees take great pride in that care. ResCare has been helping people live their best lives and achieving quality outcomes for more than 40 years. Today, we employ and train more than 500 employees in Oklahoma - part of our 45,000 compassionate workforce across the country who help people live their h-st lives every day." 12/16/18, 11:45 AM https://kfor.com/2017/10/19/employees-at-rescare-claim-lack-of-training-for-prescription-errors-says-more-is-needed/ Page 2 of 5 Caregiver hired despite failing background check HOLIDAY •®A@@q @A6@ 991 PER WEEK 1i 2 12/16/18, 11:50 AM Subscribe Today http://offers.freep.com/ gps- source=SE RIB&utm_mec exchange&utm_ca m pa i c Caregiver hired despite failing background check PadEM Detmit Free Press Photo: Klmbedy P. Afthe/bDeboit Free Press) Published 11:47 p.m. Er Sept. 6, 2015 A caregiver accused of stealing more than $1 million from an Oakland County man was hired by a home care company despite lying on her employment application and failing a background check, which showed she had a criminal record, the man's family alleges in a court filing. Frank Calcaterra's family is suing ResCare in Oakland County Circuit Court, alleging the company placed a thief inside the Waterford home of the elderly man in 2008 when he was looking for someone to help him take care of his wife, Jonnie, who had Alzheimer's disease. After Calcaterra's wife died in 2012, home care worker Tangle Coleman took him to Ohio and manned him. At the time, he was 86 and she was 35. By the time the daughters of the wealthy former funeral home owner, who lived out of state, got him out of his lakefront home in 2014, Calcaterra was broke, malnourished and living in the basement; Coleman and her mother were living upstairs, the Free Press reported in August 2014. Ajudge later annulled the marriage. Based largely on banking and credit card records, his daughters and Jonnie's daughter estimate Coleman bilked the couple of between $1 million and $1.5 million in cash and valuables. ADVERTISEMENT https://www.freep.com/story/news/local/michigan/oakland/2015/09/06/caregiver-hired-despite-failing-background-check/71678820/ Page 1 of 3 Caregiver hired despite failing background check 12/16/18, 11:50 AM The case highlights what experts say is a significant and growing problem in the U.S. — financial exploitation of elderly people by caregivers. Many cases go unreported and accurate estimates are hard to pin down, but studies suggest there are at least tens of thousands of such cases each year. July 22, Judge Colleen O'Brien dismissed the family's claims against ResCare, that included counts of breach of contract and fraud. The judge ruled that the signed contract between the parties, not any verbal assurances that might have been given, is what's legally binding. The written contract included a clause that said it "contains the entire understanding of the parties," and it didn't say anything about a background check. But in dismissing the family's claims under the Consumer Protection Act, O'Brien said the lawsuit had not included which sections of the act ResCare allegedly violated and did not spell out sufficient details to support the claim. Now, the family has filed a motion seeking to amend their complaint with respect to the Consumer Protection Act, setting out details to support what they say are seven violations of that law by ResCare, a huge national firm with a Rochester office that the Calcaterra family dealt with. The claims mostly relate to allegedly false or misleading claims by ResCare about the quality of their background checks and employees and failure to disclose important information. After Tangie finished stealing all of Frank and Jonnie's money and possessions, the family was stunned to learn that at the time of her hiring Tangie was wanted on two felony charges and had been convicted of two misdemeanors," the family said in an Aug. 26 court filing. ResCare's failure to do a thorough background check ... resulted in a predator being placed into Frank and Jonnie's home." ResCare has yet to respond to the motion in advance of a hearing set for Sept. 16, but the company has argued Tangle Coleman (Photo. Southfield In court that Calcaterra breached the contract with ResCare when he hired Coleman on a personal contract — Police Department) cutting out ResCare — about three months after she was sent to his home. All of the complained of conduct occurred well after ResCare was terminated," ResCare attomey Scott Murphy of Grand Rapids argued at a July 22 hearing, according to a transcript. https://www.freep.com/story/news/local/michigan/oakland/2015/09/06/caregiver-hired-despite-failing-background-check/71578820/ Page 2 of 3 Caregiver hired despite failing background check 12/16/18, 11:50 AM Mark Hafeli, a Sylvan Lake attorney representing Calcaterra's family, said the family was verbally assured ResCare conducted a thorough background check and "would have never accepted Tangie into their home if they knew she had been convicted and put in jail." iI Taylor, a spokeswoman for ResCare, declined to comment on the latest allegations. "I'm sorry, but we cannot discuss pending litigation," Taylor said an e-mail to the Free Press. According to the lawsuit, the background check ResCare performed missed two felony warrants for Coleman, who used several aliases. One was from 2002 for auto theft, which was later dismissed; the other from 2006 for check fraud, which resulted in a conviction, the parties agree. But what's more, the background check did turn up two misdemeanor convictions, including a second offense for driving or, a suspended license which resulted in a seven-day jail sentence, the complaint alleges. That means Coleman lied on her employment application when she said she had no misdemeanor convictions, but ResCare hired her anyway, and didn't inform the family, the complaint says. Further, records obtained by the family as a result of the lawsuit show Coleman had been reprimanded and had her pay docked for charging a large number of personal phone calls to the account of another elderly client before she was sent to help Calcaterra, the complaint alleges. That problem was never disclosed to the family. The family says ResCare officials also assured them Coleman was licensed, which she was not. Contact Paul Egan: 517-372-8660 orpegan@freepmss.com. Follow him on Twitter @paulegan4. Read or Share this story: http://on.freep.com/1 ELLaof https://www.freep.com/story/news/local/michigan/oakland/2015/09/06/caregiver-hired-despite-failing-background-check/7l578820/ Page 3 of 3 Two ResCare employees charged with spraying wheelchair-bound man with garden hose I News I timeswv.com 12/16/18, 11:50 AM httpsd/www.bm wvconVnews/two-rescare-empbyees-charged-with-spraying-wheelchair-bound-man-whh/article-fa47ea7c-1b54-11e5-a95c-9ff403a74995.html FW—URm TOP aTORY o ResCare employees charged with spraying wheelchair-bound man with garden hose By Emily Gallagher Times West Virginian Jun 25, 2015 Fran left Courtney R. Mundell, Melissa D. Shona COURTESY OF THE FAIRMONT POLICE DEPARTMENT It 0- G* in- ®- @ FAIRMONT — Police have arrested two individuals for allegedly spraying a wheelchair-bound elderly man with a hose at a local home health care service. Courtney R. Mundell, 20, and Melissa D. Shonce, 33, both of Fairmont, were arrested Wednesday by officers with the Fairmont Police Department. The two are being charged with abuse or neglect of an incapacitated adult, which is a misdemeanor. Sgt. David Wolford with the Fairmont Police Department said a video was brought to the attention of Patrolman Kenny Carder that showed two individuals at ResCare Homecare in Fairmont spraying a 65 - year -old man in a wheelchair with a water hose while. Wolford, who watched the video, said it went on for a'couple minutes.' Wolford said the video was taped by a neighbor of Rescare Homecare on June 10 on Mary Lou Ration Drive. Wofford said patrolman Carder was called to the businesses last week by the executive director who then reported the incident. Wofford said Mundell and Shonce were reported to be on administrative leave at the time of the officer's A call to ResCare executive director Jackie Canfield has not yet been returned. https://www.timeswv.com/news/two-rescare-employees-charged-with-s..: bound-man-with/article_fa47ea7c-ib54-11e5-a95c-9ff403a74995.html Page 1 of 7 Civil suit seeks $750K in damages from business, caregiver accused ...World: news, information, headlines and events in Lawrence, Kansas 12/16/18, 11:48 AM LJWORLD.com LAWRENCE JOURNAL -WORLD Civil suit seeks $750K in damages from business, caregiver accused of abusing Lawrence men with mental challenges photo by: Mike Yoder httP://www2.ljworld.com/news/2016/juI/25/civil-suit-seeks-750000-damages-caregiver-accused/ Page 1 of 5 Civil suit seeks $750K in damages from business, caregiver accused ...World: news, information, headlines and events in Lawrence, Kansas 12/16/18, 11:48 AM The Douglas County Judicial and Law Enforcement Center, 111 E. 11th St. One of two mentally challenged men accusing his former caregiver of beating, confining and forcing him to fight others is suing in civil court, saying not only was he injured, but the medical company responsible for his care played a negligent role in his abuse. B.' o a Ta! Shinn, 26, o Tbpeka, wa.3 a.vst c , t ii 26 a a d c ---s tw-- reior y C L'r iS tJ7 771 zraal ;r'?i x a ''t"'p nr enta"'d-uh one fetora`7i/ .-c-,untof aggravated battery and c i"es ;?isCiemeanor count of criminal restraint. Throughout 2015 Shinn was one of two caregivers, employed by ResCare, responsible for looking after the two men living in a home in the 2700 block of Crestline Drive, according to an arrest affidavit filed in Douglas County District Court. She is accused of beating the two men, mishandling their money, locking them in rooms or a closet and forcing them to fight each other. photo by: Mike Yoder Brooke Tiara Shinn. http://www2.ljworld.com/news/20l6/juI/25/civil-suit-seeks-750000-damages-caregiver-accused/ Page 2 of 5 Civil suit seeks $750K in damages from business, caregiver accused ...World: news, information, headlines and events in Lawrence, Kansas 12/16/18, 11:48 AM Before Shinn's arrest, one of the two men, Joseph Schaefer and his guardian filed a civil suit against Shinn, ResCare and one of the company's supervisors. Schaefer's civil suit was filed in Douglas County District Court in January 2016, seeking at least $750,000 in damages. The lawsuit is requesting a jury trial. The lawsuit lists Shinn, ResCare Kansas Inc., ResCare Inc. and Kattie Johnson as defendants. ResCare is a national company and the largest private, in-home service provider for the disabled, Kristen Trenamen, the company's director of communications, said in May. The company has more than 900 employees in Kansas and 50,000 across the country. Trenamen said neither Shinn nor Johnson currently works for ResCare. The lawsuit argues that not only did Shinn abuse Schaefer, but she, her supervisor and the company neglected his safety in favor of maximizing company profits. In addition, not only did Shinn fail to act as a caregiver, but her supervisor and her employer failed to provide adequate training and to ensure she was fulfilling her responsibilities, the lawsuit says. ResCare was "aware of this pattern of negligence, gross negligence, wantonness, and reckless disregard and indifference to consequences and have failed to correct it, knowing that residents like Schaefer could be harmed or are harmed," the lawsuit says. The failure to properly care for Schaefer stems from ResCare's decisions as a company to cut costs through hiring unqualified employees, understaffing the facilities, improperly training employees, paying low wages and leaving residents unsupervised, the lawsuit continues. Attorneys for the defendants did not return multiple calls seeking comment for this story. However, answers filed by the defendants as a response to the lawsuit deny allegations of wrongdoing. http://www2.ljworld.com/news/2016/jul/25/civil-suit-seeks-750000-damages-caregiver-accused/ Page 3 of 5 Civil suit seeks $750K in damages from business, caregiver accused ...World: news, information, headlines and events in Lawrence, Kansas 12/16/18, 11:48 AM In total, the lawsuit claims numerous points where the defendants are at fault, including: Breach of contract Negligence Civil conspiracy Battery Assault Outrageous conduct causing severe emotional distress Kansas Consumer Protection Act False imprisonment Throughout Jan. 1 and Feb. 28, 2015, Shinn allegedly abused Schaefer and the second man, according to a criminal complaint filed in Douglas County District Court. On June 3, 2015, police were called by the Kansas Department for Children and Families in Lawrence, who reported the abuse, the affidavit says. A sister of one of the men and another caregiver provided information. An arrest affidavit is a document filed by police explaining why a suspect was arrested. Allegations in an arrest affidavit must still be proved in court. Shinn is still awaiting a preliminary hearing where she can respond to the accusations. The lawsuit argues Shinn forced Schaefer and other disabled residents to fight each other, "running what amounted to a `fight club."' Shinn would also use the men's money — allotted for activities — for food and supplies instead, the affidavit says. Under her care the two men were sharing basic toiletries such as a razor. http://www2.ijworld.comlnews/2016/jul/25/civil-suit-seeks-750000-damages-caregiver-accused/ Page 4 of 5 Civil suit seeks $750K in damages from business, caregiver accused ...World: news, information, headlines and events in Lawrence, Kansas 12/16/18, 11:48 AM The second man — who was initially afraid to speak with police — said during one incident that Shinn forced Schaefer to put his nose on a hot stove coil and another where he was beaten with a fly swatter, the affidavit says. Other times she would beat the two men with her fists, he claimed. Sometimes, for days on end, Shinn would lock both men in their rooms without food or medication, the affidavit says; other times she would lock Schaefer into a small, dark closet with no handle on the inside of the door. When approached by police Shinn initially denied abusing the two men, but later admitted she "lost control" during one incident and continued to hit one of the men while he was on the floor, the affidavit says. She then filed a false incident report claiming the man was injured in a fall. However, one Department for Children and Families employee said ResCare had no incident reports filed regarding the Crestline Drive home in 2015. Shinn was released from the Douglas County jail after posting a $5,000 bond. She is scheduled to appear in court on Aug. 1 at 1:30 p.m. Shinn has no prior criminal convictions in Douglas County District Court. However, if she is convicted in the criminal case she could face more than 25 years in prison for the felony charges and up to a year in jail for the misdemeanor charge. In June, Shinn filed a motion to stay the civil case until her criminal case is resolved. Schaefer's attorney, J. Phillip Gragson, said Douglas County District Court Judge Paula Martin ordered the case stayed until further notice. http://www2.ljworld.com/news/20l6/juI/25/civil-suit-seeks-750000-damages-caregiver-accused/ Page 5 of 5 Injured Employee Featured In Workers' Comp Investigation Settles Her Case : NPR 12/16/16, 11:45 AM Pick Your NPR Station There is at least one station nearby MM NEWB TfE LIVE RADIO SHOWS Vnsu T To jnjurtyo Amevica`S VanisNng Worker Protecalons Injured Emp0oyee Featured n Workers' Comp Investigation Settles Her Case April 14, 2016 • 4:18 PM ET i4 ` HOWARD BERKES Rachel Jenkins outside her home in Boley, Okla. Jenkins settled her case with ResCare, who denied her medical benefits and lost pay after she injured her shoulder at work. Oxford https://www.npr.org/2016/04/14/474215041/injured-employee-featured-in-workers-comp-investigation-settles-her-case Page 1 of 12 Injured Employee Featured In Workers' Comp Investigation Settles Her Case : NPR 12/16/18, 11:45 AM An injured worker featured in an NPR/ProPublica investigation of the opt -out alternative to workers' compensation has settled with the company that denied her nedical care and wage -replacement payments after an incident at work. Rachel Jenkins, 33, was injured last March while protecting a mentally disabled man who was attacked by another client at an Oklahoma City shelter operated by ResCare, which claims to be the nation's largest provider of services to people with disabilities. ResCare had opted out of state -regulated workers' compensation in Oklahoma by developing its own workplace injury plan. The company initially denied Jenkins any benefits for her painful and persistent shoulder injury because she had missed a 24- hour reporting deadline by just three hours. Jenkins said she reported late because she had been heavily medicated after emergency treatment. The 24-hour reporting rule is one of the most contentious elements of opt -out plans in Oklahoma and Texas. Critics say the rule gives employers the ability to deny benefits ir legitimate workplace injuries that they would otherwise have to provide if they hadn't opted out of workers' comp. Article continues below Sign Up For The NPR Daily Newsletter Catch up on the latest headlines and unique NPR stories, sent every weekday. What's your email? SUBSCRIBE By subscribing, you agree to NPR's terms of use and privacy policy. nkins and other workers in Oklahoma sued their employers and state regulators https://www.npr.org/2016/04/14/474215041/injured-employee-featured-in-workers-comp-investigation-settles-her-case Page 2 of 12 Injured Employee Featured In Workers' Comp Investigation Settles Her Case : NPR 12/16/18, 11:45 AM over that provision and others in the state's opt -out law. esCare and Jenkins agreed not to disclose the details of this week's settlement, but Bob Burke, Jenkins' attorney, says the monetary settlement gives Jenkins enough money to get her shoulder treated, recover lost wages and provide the same type of disability payments Jenkins would have received if ResCare had remained in the workers' comp system. ResCare was reasonable in providing monetary compensation for medical care and for permanent disability," Burke says. He adds that Jenkins is planning to get treatment and find another job. Jenkins says the settlement negotiations "went great." But she noted that she expects to be "dealing with my shoulder the rest of my life." spokeswoman for ResCare says the company does not comment on pending or past litigation. Burke says the settlement resolves the Jenkins lawsuit but other clients still have ongoing cases. ResCare initially denied benefits for the injury despite the fact that her supervisor witnessed the incident. Jenkins endured 16 days of pain while unable to afford treatment and worried about getting back to work. I went through hell, a whole lot of pain where I was in tears," Jenkins told NPR and ProPublica last year. "I was just thinking... 'How am I going to take care of my kidsT " ResCare reversed the denial after pressure from Jenkins' colleagues. The settlement follows a recent ruling by the Oklahoma Workers' Compensation https://www.npr.org/2016/04/14/474215041/injured-employee-featured-in-workers-comp-investigation-settles-her-case Page 3 of 12 Injured Employee Featured In Workers' Comp Investigation Settles Her Case : NPR 12/16/18, 11:45 AM Commission that declared the state's opt -out system unconstitutional. The issue is now headed to the state Supreme Court. U.S. Labor Secretary Thomas Perez told NPR last month that the agency is investigating opt -out plans. Agency investigators are trying to determine whether the plans violate workplace benefits provisions required by federal law. Perez said the opt - out alternative to workers' comp creates "a pathway to poverty" for injured workers. ProPublica's Michael Grabell contributed to this report. More Stories From NPR IN' a F I!rlv.l 411 ONS https://www.npr.org/2016/04/14/474215041/injured-employee-featured-in-workers-comp-investigation-settles-her-case Page 4 of 12 ResCare in WV Ordered to Pay Nearly $280,000 in Back Wages and Damages 12/16/18, 11:37 AM US WBOY Archives ResCare in WV Ordered © pay Heavy y °p 2809000 Qn Back Wages and Damages By: Bethany Butler 0 Updated: Sep 10, 201510:54 AM EDT https://www.wboy.com/archives/-rescare-in-wv-ordered-to-pay-nearly-280-000-in-back-wages-and-damages/864514816 Page 1 of 2 ResCare in WV Ordered to Pay Nearly $280,000 in Back Wages and Damages 12/16/18,11:37 AM z P ResO After an investigation by the U.S. Labor Department, ResCare has been ordered to pay nearly $280,000 in back wages and damages. According to the U.S. Labor Department, RSCR West Virginia Inc., doing business as Community Alternatives WV, is subsidiary of ResCare Inc. Its services provide home health care to people with disabilities. The investigation took place at the Stonewood, Clarksburg, Keyser, Parkersburg, Buckhannon, Huntington and Charleston locations. During the investigation, it was found that Community Alternatives WV incorrectly classified 55 employees, who worked as salaried service coordinators and therapeutic consultants, as exempt from overtime. The employees had worked over 40 hours per week but did not receive overtime, which violated the Fair Labor Standards Act. It is an employer's responsibility to know and implement the labor laws that apply to them and to ensure that these laws are followed throughout their organizations," said John DuMont, director of the division's Pittsburgh District Office. "Employer's should not assume that simply paying a worker a salary or calling them a manager or coordinator means that they are not entitled to overtime. There are very specific criteria that must be met for an employee to be exempt from those requirements. We are committed, through both enforcement and education, to ensuring a level playing field for businesses and a fair day's pay for a fair day's work for all employees." The investigation also revealed that the employer did not keep accurate time and attendance records. RSCR was ordered to pay $279,919 in back wages and damages. Copyright by WBOV - All rights reserved https://www.wboy.com/archives/-researe-in-wv-ordered-to-pay-nearly-280-000-in-back-wages-and-damages/864514816 Page 2 of 2 Iowa Home Care Company to Pay $5.63 Million to Settle False Claims Act Allegations I OPA I Department of Justice 12/16/18, 11:38 AM JUSTICE NEWS Department of Justice Office of Public Affairs FOR IMMEDIATE RELEASE Tuesday, February 10, 2015 Iowa Home Care Company to Pay $5.63 Million to Settle False Claims Act Allegations ResCare Iowa Inc. has agreed to pay $5.63 million to the United States and the state of Iowa to resolve allegations that it violated the False Claims Act by submitting false home healthcare billings to the Medicare and Medicaid programs, the Department of Justice announced today. ResCare Iowa — a subsidiary of Louisville, Kentucky, based ResCare Inc. — provides home healthcare services to patients in the state of Iowa. Home health agencies that bill Medicare and Medicaid must follow the rules," said Acting Assistant Attorney General Joyce R. Branda of the Justice Department's Civil Division. "This settlement demonstrates the Department's commitment to safeguarding taxpayer dollars and ensuring that they are used to provide medically necessary services to federal health care beneficiaries." The rules of both Medicare and the state of Iowa's Medicaid program require an independent physician to certify that home healthcare services are medically necessary and to order the specific type and amount of healthcare services to be provided by the home health agency. Additionally, since 2011, Medicare and Iowa Medicaid rules require these independent physicians to perform an in-person `face-to-face" assessment of each patient before the home health agency can bill the government for any home healthcare services. The settlement resolves allegations that between 2009 and 2014, ResCare Iowa billed the government for services provided to Medicare and Medicaid patients in Iowa without documenting compliance with these requirements. We commenced this investigation due to concerns that this provider was not complying with the rules and was not submitting accurate claims for payment," said U.S. Attorney Kevin W. Techau of the Northern District of Iowa. When the government pays for home-based medical services, we are dedicated to ensuring the money is well spent and medically deserving patients receive the care to which they are entitled." Home health care providers that receive Medicare and Medicaid funds must abide by rules designed to ensure taxpayer funds are spent properly and that patients receive the appropriate care," said Special Agent in Charge Gerald T Roy of the U.S. Department of Health and Human Services Office of Inspector General (HHS -OIG). "We will continue to hold health care providers accountable for submitting improper claims." Medicaid is jointly funded by the states and the federal government. The state of Iowa, which paid part of the Medicaid funds at issue, will receive $2.32 million of the settlement amount. This settlement illustrates the government's emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership https://www.justice.gov/opa/pr/iowa-home-care-company-pay-563-million-settle-false-claims-act-allegations Page 1 of 2 Iowa Home Care Company to Pay $5.63 Million to Settle False Claims Act Allegations I OPA I Department of Justice 12/16/18, 11:38 AM between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $23.6 billion through False Claims Act cases, with more than $15.1 billion of that amount recovered in cases involving fraud against federal health care programs. This settlement was the result of a coordinated effort by the Civil Division, the U.S. Attorney's Office for the Northern District of Iowa, HHS -OIG and the Iowa Attorney General's Office. The claims settled by this agreement are allegations only, and there has been no determination of liability. Topic(s): False Claims Act Health Care Fraud Component(s): Civil Division Press Release Number: 15-161 https://www.justice.gov/opa/pr/iowa-home-care-company-pay-563-million-settle-false-claims-act-allegations Page 2 of 2 Rescare Corporation will pay $2.15 million to settle claims that it de...d the United States and the state of Texas - False Claim Act Law Firm 12/16/18, 12:25 PM ttact Us at (215) 320-6200 Home Our Practice o Overview o Attornyg o News & Events o Links Federal False Claims Act o Overview o How Does it Work? o FCA Statute o ECA Statistics States & Municipalities FCAs o States' FCAs o M nicipalities' FCAs IRS Whistleblower Law o Overview o IRS Law SEC Whistleblower Law o Overview o SEC Law Common Frauds o Health Care o Pharmaceutical o Defense Contractor o Energy o Disaster Relief o Construction o Research o Financial Indus try o Medicare Part D Search Search Rescare Corporation will pay $2.15 million to settle claims that it defrauded the United States and the state of Texas The Attorney General of the State of Texas announced today that ResCare Corporation agreed to pay $2.15 million to settle a whistleblower lawsuit alleging that it defrauded the State of Texas and the United States in connection with a contract for the provision of mental health services to Medicaid recipients. United States of America ex rel. Jennifer Hudnall, and the State of Texas v. Rte -'are, Inc., et al., U.S.D.C. N.D. Tex., Civil Case No. 3:O1cvl154-H. https://www.falseclaimsact.com/case/rescare-corporation-will-pay-2-15-...ttle-claims-that-it-defrauded-the-united-states-and-the-state-of-texas Page 1 of 4 Rescare Corporation will pay $2.15 million to settle claims that it de ... d the United States and the state of Texas - False Claim Act Law Firm 12/16/18, 12:25 PM The whistleblower lawsuit was initially filed on June 18, 2001, by Ms. Jennifer Hudnall, a former Mental Health Provider who worked at ResCare facilities in the State of Texas, on behalf of the United States government and the State of Texas. The Complaint alleged that Ms. Hudnall's responsibilities with ResCare included evaluating patients and developing an individualized plan of care. q. Hudnall was terminated in July 2000, allegedly in retaliation for attempting to correct fraudulent practices by ResCare and adel. In its lawsuit, the State of Texas and Ms. Hudnall alleged that, since on or before June 2000, ResCare and Citadel, defrauded and continued to defraud, state and federal governments out of millions of dollars through various false or fraudulent schemes emphasizing profits over patient health and welfare. These practices included: 1. BILLING FOR MENTAL HEALTH SERVICES THAT WERE UNNECESSARY, ILLEGAL, OR WERE NEVER ACTUALLY PROVIDED; 2. FALSIFYING PATIENT RECORDS TO JUSTIFY CONTINUED BILLING FOR TREATMENTS AND SERVICES WHICH WERE OF NO HELP TO PATIENTS; 3. BACKDATING AND FALSIFYING TREATMENT PLANS AND PATIENT RECORDS TO ENSURE THAT MEDICAID ELIGIBILITY WOULD NOT LAPSE, SO THAT BILLING FOR UNNECESSARY SERVICES COULD CONTINUE; 4. BILLING FOR UNNECESSARY AND NON -REIMBURSABLE RECREATIONALACTIVITIES SUCH AS PIZZA PARTIES AND CAR RIDES; AND 5. BILLING FOR THERAPY SERVICES WHILE PATIENTS WERE ACTUALLY ASLEEP. The "qui tam" lawsuit was filed under the Texas Medicaid Fraud Prevention Act, Tex. Hum. Res. Code Ann. Section 36.001 et seq., as well as the Federal False Claims Act. Medicaid is funded both by the State of Texas and the Federal Government. The Texas Medicaid Fraud Prevention Act allows private individuals to sue companies that are defrauding the government and recover damages and penalties on the government's behalf. Those found liable can be required to pay as much as two times damages plus a penalty of up to $10,000 for each false claim submitted to the State. Similarly, those found liable under the Federal False Claims Acts are required to pay treble damages plus a penalty of up to $10,000 for each false claim. In the late 1970's, Medicaid and disability funding was expanded to include care of the mentally ill. As a result of this expansion, government spending on care for the disabled has risen from $4.3 billion in 1977 to more than $22 billion in 2000. The Texas Deoartment of Mental Health/Mental Retardation currently administers Medicaid services for approximately 550,000 Texans with form of mental illness and/or functional impairment. Since the 140 -year old statute was strengthened significantly by Congress in 1986, the Federal False Claims Act has resulted in the recovery by the federal government of almost $12 billion. More than sixty percent of all recoveries obtained under the Federal False Claims Act have come as a direct result of actions initiated by whistleblowers and their counsel. In recent years, a growing number of states across the country have passed their own False Claims Acts. Presently, twenty states and the District of Columbia have their own False Claims or Qui Tam Acts. False Claims legislation is also pending in a number of other states. The State of Texas passed its own False Claims Act in 1995. The whistleblowers are represented by Marc S. Raspanti, Esquire, Michael A. Morse, Esquire, and John H. Cochran, Esquire. Ms. Hudnall's counsel, Marc S. Raspanti, Esquire, commented that: My client is extremely gratified because this settlement returns millions of dollars back into the Texas Medicaid program, where it can properly be used to provide treatment to some of our most vulnerable citizens. This settlement could not have been possible without the sacrifices of my client and the unprecedented teamwork between the whistleblower, the Texas Attorney General's Office and the United States Department of Justice. This case also demonstrates that the growing number of State False Claims Acts can and will play an active and prominent role in future efforts to combat fraud against taxpayers. Those who seek to defraud state taxpayers should now be on notice that they willfaceseriousrepercussionsfortheiractions." For more information about the False Claims Act and whistleblower cases, we invite you to visit the False Claims Act Resource Center at www.falseclaimsact com. For more information about this case, we invite you to visit the internet site for the Texas Attorney General's office, located at www.oag.state.tx.us. F You Can https://www.falseclaimsact.com/case/rescare-corporation-will-pay-2-15-...tle-claims-that-it-defrauded-the-united-states-and-the-state-of-texas Page 2 of Wrongful death case of 12 -year-old disabled girl to go to trial I The Goldman Firm 12/16/18, 2:17 PM j OPAE 711e{IIT!-;1(E `TTiE w LZ j i r T NTTjR7j(' .P,T TESTIM?. iT LS SETTLEU AENTS- .A -ND VERDICT S ARI -3 OG CONTACT le or Ailo In Uer Via: y DV otor injuries And Premises Workers` Product Medical Nursing Ve11iclt O ronoful T iability Compensation. r,irlb- t3/ iysald ractice home icCi{l1 nts Death r teglig i1{' Wrongful death casco of 12 - year -o1 d dH'sabled gRE to gro to trial earch our site :rs',:_ CATEGORIES https://www.goldmanlawatlanta.com/blog/2017/02/wrongful-death-case-of-l2-year-old-disabled-girl-to-go-to-trial.shtml Page 1 of 6 Wrongful death case of 12-year-0ld disabled girl to go to trial I The Goldman Firm 12/16/18, 2:17 PM On behalf of The Goldman Firm posted in wrongful Blog_(lo) death on Friday, February 10, 2017. Medical Malpractice (12) The case of a disabled 12 -year-old girl who died in Motor Vehicle Accidents (47) August 2013 after being transferred from a state Personal Injury_(2). institution to its community-based contractor October 2018 (5) appears to be slated to soon go to trial. With Premises Liability (L1). depositions currently being scheduled, attorneys Workers' Compensation (25) have announced the case should be heard either later this year or early in 2018. Wrongful Death (M The girl's death was one of 72 that resulted from a ARCHIVES 2010 settlement with the Department of Justice. December 2018 (3) That agreement called for transferring a number of March 2018 (6) patients from out of state facilities into private ones November 2018 (6) run by state contractors. October 2018 (5) Their daughter was one of among 500 patients September 2018 (5) bF' 7 cared for in a community setting at the time August 2018 (6) Df her death. That program was being administered under the supervision of Georgia July 2018 (5) Department of Behavioral Health and June 2018 5) evelopmental Disabilities. May 2018 (6) he parents of the Augusta girl filed a lawsuit in Am12018 (5) ctober 2015 after reviewing the discovery in the ase. Their filing not only accused the Macon- March 2018 (6) ased husband and wife team responsible for February 2018 (5) aring for her of wrongful death, but the Georgia January2018 (5) ate disability care contractor ResCare as well. Complete Archives the parent's lawsuit, they claim that their iughter, born with severe birth defects, received RECENT POSTS b par care once transferred. They maintain that, Should Cellphones Be Banned In ThefilehercareplancalledforhertoreceiveOperatingRoom? u '-the-clock care, she received something Common Myths About Bicycle v://www.g o I d man lawa tla nta.co m/b I og/2017/02/wro ng f ul-dea th-case-o f -12 -yea r -o Id -disabled -girl -to -go -to -tri a l.s htm I Page 2 of 6 Wrongful death case of 12 -year-old disabled girl to go to trial I The Goldman Firm much less than that. ey also assert that the care she did receive was rendered by improperly trained individuals lacking familiarity in caring for people with her type of disabilities. Preliminary statements made by both defendants have allegedly backed up claims they failed to provide the proper level of care for the girl. The husband, an RN at the time, worked outside the home. His his wife, an LPN, was left alone to take care of the girl on a daily basis. The couple alleges they requested additional support from ResCare to provide 24-hour support to the young girl. Their requests went unanswered. Furthermore, the parents allege that their daughter suffered significant discomfort in advance of her caretakers ultimately deciding to seek emergency c. a for her. No specific amount has been sought for the girl's wrongful death or pain and suffering as of yet. If someone you know is suspected of having received inferior quality care resulting in a wrongful death, the advice of an Atlanta attorney can help ensure that your rights are protected. Source: The Augusta Chronicle, "Lawsuit over the death of 12 -year-old girl transferred out of a state institution into community care could be headed to trial," Tom Corwin, Feb. 03, 2017 Tags: Wrongful Death Related Posts: What damages can I pursue in a w gful death action?, Federal drug regulator 12/16/16, 2:17 PM Accidents What Should You Do If You Encounter An Aggressive Driver? Follow These Tips When Driving On The Highway Subscribe To This BI g's Feed FindLaW Network Protecting the rights of people across Georgia since 1986. St. -Veen 11. Goldman Pr offle https://www.goldmanlawatlanta.com/blog/2017/02/wrongful-death-case-of-12-year-old-disabled-girl-to-go-to-trial.shtml Page 3 of 6 Backgrounds Online Blog - Care Giver Hired Despite Failed Background Check Background Screening Solutions SII%Us Blog Home 12/16/18, 2:43 PM 800-S;8-4804 Contact Log In Stint Screer?ing Care Giver Hired Despite Failed Background Check Monday, September 21, 2015 10:24:36 AN BackgroundsOnline September 21, 2015 ResCare, a home care company, is being sued after hiring a woman who failed her background check and lied on her application. Frank Calcaterra's family alleges ResCare placed Tangle Coleman into the home of the elderly man who was looking for someone to help take care of his wife, Jonnie. 1" )n Jonnie passed away in 2012, Coleman took Calcaterra to Ohio and married him. After his daughters finally removed him from his home in 2014, he was broke, malnourished, and living in a basement while Coleman and her mother lived upstairs. Calcaterra's family estimates Coleman obtained between $1 million and $1.5 million in cash and valuables from Calcaterra, who is a wealthyformerfuneralhomeowner. Calcaterra's family alleges ResCare's claims about the quality of their background checks and employees is false. "After Tangle finished stealing all of Frank and Jonnie's money and possessions, the family was stunned to learn that at the time of her hiring Tangie was wanted on two felony charges and had been convicted of two misdemeanors," the family said in a court filing. "ResCare's failure to do a thorough background check... resulted in a predator beingplanedintoFrankandJonnie's home." https://www.backgroundsonline.com/blog/2015/09/care-giver-hired-despite-failed-background-check/ Page 1 of 4 Backgrounds Online Blog - Care Giver Hired Despite Failed Background Check 12/16/18, 2:43 PM According to the lawsuit, the background check obtained by ResCare was not thorough enough and supposedly missed two felony warrants for Coleman relating to auto theft and check fraud. Even though the background check did reveal two misdemeanor convictions, which proved she lied on employment application where she claimed she had no convictions, ResCare hired her anyway and failed to inform the family. In addition, Coleman had been reprimanded and had her pay docked for charging a large number of personal calls to the account of another elderly client she was caring for before being placed with Calcaterra. ResCare failed to report that incident. ResCare also assured the family Coleman was licensed which was also found to be false. A spokeswoman for ResCare, Nel Taylor, declined to comment on the allegations, saying "I'm sorry, but we cannot discuss pending litigation." When hiring people to care for those in vulnerable state, Backgrounds Online recommends a thorough background check which includes criminal records searches, as well as drug screening, and employment and reference verifications. Give us a call today to get started! Source 1 Recent Posts Hiring And Background Screening In New York Chicago Public Schools Part Ways With Hundreds Of Workers Uber May Not Be Allowed To Operate In London PA School Closed Due To Lack Of Background Checks New Orleans Passed A Ban The Box Law San Francisco Updated Their Fair Chance Ordinance California Is Changing Rules For The Sex Offender Registry The Importance Of A Proper Adverse Action Policy A Convicted Murderer Got A Job Working With Children Omnicare Sued For $1.3M For A Background Screening Violation A Hampton City Employee's Shocking Criminal History A CA Supreme Court Decision Regarding Background Checks Hiring The Wrong Person: What's At Stake Lyft Will Run Comprehensive Background Checks https://www.backgroundsonline.com/blog/2015/09/care-giver-hired-despite-failed-background-check/ Page 2 of 4 Homecare giant ResCare faces lawsuit after caretaker with a criminal ... d autistic man I News I San Luis Obispo I New Times San Luis Obispo SEARCH NTARCHIVES LOGIN Luke G ghar_ ':.Eet -3ae= Email Favorite Share News December 23, 2015 Homecare giant ResCare faces lawsuit after caretaker with a criminal past allegedly attacked autistic man BY CHRIS MCGUINNESS The video is disturbing. It's July 20 and the alleged victim, a severely autistic man in his early 20s, sits at a table playing with a puzzle in a living room. After arguing about what appears to be a ssible trip to the beach, the man's caretaker, identified as Scott Allen Rogers of Care HomeCare, walks behind the man, grabs him, and violently lifts him out of the seat. A struggle ensues. The two fall behind a table, and the view is obscured. Rogers can be heard grunting. The man yells and calls out to an otherwise empty home, a yurt in Cayucos. The sounds continue as the young man is dragged by the arm outside a door and out of view. The sounds of the struggle continue. At some point a man, presumably Rogers, can be heard saying, "God, I can't believe you did that' That video and at least one other, taken by a hidden camera, are the basis for a lawsuit brought by the man's mother against Rogers and ResCare, the company who employed him. The suit was filed in SLO Superior Court Dec. 8 by local attorney Jeffery Stulberg. It claims that Rogers willingly battered the young man, who is described as wholly dependent on others" in order to engage in the activities of daily life. The lawsuit claims that Rogers restrained the young man, twisted his arm, pushed him to the floor, and also kicked him. Rogers'] misconduct was egregious and click to enlarge r r...nt PHOTO BY DYLAN HONEA-BA[1hL1NN DISTURBING ALLEGATIONS: A recent lawsuit accuses homecare giant ResCare of failing to conduct a proper background check on an employee who allegedly attacked an autistic man. 12/16/18, 2:04 PM SUBSCRIBE SEARCH, FOND, EAJGV EVENTS music DINING All Dates. All Categories- All Neighborhoods- Find Events SVNNRAN EVENT MORE BY CHRIS MCGUINNESS Addiction videotaped," the suit states. treatment advocates worry cos claim to show the aftermath of the alleged incident. The young man appeared about the impact https://www.newtimesslo.com/sanivisobispo/homecare-giant-mscare-fac...a-criminal-past-allegedly-attacked-autistic-man/Content?oid=2946977 Page 1 of 5 Homecare giant Res Care faces lawsuit after caretaker with a criminal...d autistic man I News I San Luis Obispo I New Times San Luis Obispo 12/16/18, 2:04 PM to have a large, circular mark on his arm, as well as what appear to be other abrasions on his arms and forehead. Rogers can be seen later on the tape showing the marks to the man's mother, who is his guardian. He tells her that marks occurred when the to was sitting in his truck and began "kicking and grabbing" at him. Rogers says me man fell down near his truck, but doesn't mention the struggle inside the house. The young man can be heard saying, "watch it" as Rogers moves close to show his mother the marks. According to documents obtained by New Times the man's mother later text messaged Rogers and asked him not to return to the home. I know today was rough with [the victim] and that he tries your patience, but you crossed the line in trying to get him to the beach'" she wrote. s isn't the first time that Rogers was accused of such behavior. According to the lawsuit, he's been charged two times before with assault -related offenses in San Luis Obispo County. The first incident occurred in 2008. During his employment at Atascadero State Hospital, Rogers reportedly groped the breast of a female coworker. According to a 2013 filing by the California Board of Vocational Nursing and Psychiatric Technicians, Rogers was initially charged with sexual battery in connection with the incident, but later took a plea deal and was placed on probation after he pleaded "no contest" to a misdemeanor assault charge. The second incident occurred in 2011, when Rogers, according to Atascadero police, grabbed his then 19 -year-old son by the throat and threatened him with a hunting knife. He was initially charged with assault with a deadly weapon, but again the charge was dropped to a misdemeanor assault charge after he pleaded "no contest" in SLO County court. In 2013, the state board revoked his psychiatric technician license because it said Rogers failed to disclose those convictions and failed to cooperate with the board's investigation. The board's documents did note that Rogers was trying to improve his situation, had complied with the terms of his probation, worked to mend the relationship with his son, and rebuild his life. However, his crimes are serious and relatively recent.... At present, the order that fws is necessary for the protection of the public," the board wrote. of SLO County strike on Drug and Alcohol Services Dec 13, 2018 Man accused of killing his father sued for wrongful death Dec 13, 2018 Man who threatened Women's March members sentenced Dec 13, 2018 More NEWEST SLIDESHOWS Engulfed in Flames: The historic Pozo Ignite Fire Dance of Saloon returns Santa Maria MORE SLIDESHOWS...» https://www.newtimessio.com/sanluisobispo/homecare-giant-rescare-fac... a-criminal-past-allegedly-attacked-autistic-man/Content?oid=2946977 Page 2 of 5 Homecare giant ResCare faces lawsuit after caretaker with a criminal ... d autistic man I News I San Luis Obispo I New Times San Luis Obispo 12/16/18, 2:04 PM New Times was unable to reach Rogers for comment on the matter. The lawsuit alleges that ResCare failed in its duty to conduct a proper background eck on Rogers. Had ResCare performed even the most rudimentary of such background checks, it would have discovered that [Rogers] had been convicted of violent assaults in 2009 and 2011 in SLO County," the suit states. ResCare Inc. is a massive corporation that runs residential and in-home care services in locations across the United States, including a branch in SLO. While the company's website does state that ResCare conducts criminal background checks on employees, it does not specify what crimes are considered. Robert Bradshaw, regional manager for ResCare's SLO location, declined to state whether or not the company knew about Rogers' past. However, the 2013 filing by the California Board of Vocational Nursing and Psychiatric Technicians stated that Bradshaw wrote them a letter stating that Rogers had been working part-time with the company since 2010 and described him as "caring, compassionate, and competent." ResCare's corporate headquarters also declined to answer questions from New Times about the case and the specifics of criminal background checks on employees. I apologize, but after looking into this, since it is pending litigation, we are unable to comment about this situation at this time based on our organization's policy," ResCare's director of communications, Kristen Trenaman, wrote in an email response New Times. The allegations are far from the first time the company has faced accusations of mismanagement. In September, a family in Detroit sued the company, claiming it failed to conduct a proper background check on one of its homecare workers, who they say tricked an elderly widower into marrying her and bilked him out of $1 million. According to the Detroit Free Press, that caretaker was wanted for two felony charges and was convicted of two misdemeanors. The case was dismissed in October. In October, police in Greenville, Ind., arrested a ResCare employee who allegedly left three severely disabled people in a van for hours while he went shopping at a local mall. In April, a group home for the developmentally disabled located in Austin, Texas, run by ResCare lost its license to operate after a severely autistic man escaped the facility and was shot and killed after an Austin resident thought he was trying to break into his home. As of Dec. 21, neither ResCare nor Rogers had responded to the lawsuit. According to the SLO County District Attorney's office, Rogers hasn't been charged with any crime in connection to the incident. An incident report from the SLO County Sheriffs Office indicated that an incident of dependant adult abuse was reported July 20 at a residence in Cayucos. Sta`(fWriter Chris McGuinness can he reached at cmcguinness@newtimesslo.com, or on Twitter at @CWMcGuinness. Taos: News Dec 14 SLO New Times: Glen and Anna Starkey review'At Eternity's Gate' in this... Dec 14 SLO New Times: Glen and Anna Starkey review'At Eternity's Gare' in this... ( J Dec 14 TRENDING NOW https://www.newtimesslo.com/sanluisobispo/homecare-giant-rescare-fa...a-criminal-past-allegedly-attacked-autistic-man/Content?oid=2946977 Page 3 of 5 Georgia outsources care for the disabled to for-profit companies myAJC I The Atki=i J nlpint Il CC® n nttn®n y :_t..,".y Thing To Do Georgia outsources care for the disabled to for-profit companies 12/16/18, 2:02 PM ac: -1 _ _•.-t I April 10, 2017 By LI, cd, The Watchdog blog Georgia and other states are increasingly relying on for-profit companies to care for people with developmental disabilities S::rnet;mec `fiJ rill CiISa STrOiI> cons Ciusnces. Advertisement https://www.myajc.com/blog/investigations/georgia-outsources-care-for-the-disabled-for-profit-companies/cUBeEg5rPYc6yRMN027nkN/ Page 1 of 4 Georgia outsources care for the disabled to for-profit companies An investigation by The Atlanta Journal - Constitution found that inadequate staffing, poor training and incessant cost-cutting measures in for-profit group homes put residents at risk. In Georgia alone, 53 people died under the care of two of the nation's biggest for-profit companies between 2014 and 2016, the Journal - Constitution found. At least 46 of the deaths were unexpected and may have been preventable, state reports suggest. Georgia contracts with about 200 companies to care for disabled people, many of whom formerly lived in state psychiatric hospitals. The largest of the providers is PesCai8 inc., based in Louisville, Kentucky. It operates in 42 states, where it serves 60,000 clients with 45,000 employees. Georgia paid the i' Ji 1 NORTHSME HOSPITAL y CANCER INSTITUTE 12/16/18, 2:02 PM https://www.myajc.com/blog/investigations/georgia-outsources-care-for-the-disabled-for-profit-companies/cUBeEg5rPYc6yRMN027nkN/ Page 2 of 4 Georgia outsources care for the disabled to for-profit companies company more than $79 million during the 2016 fiscal year. In 2012, Georgia outsourced the care of Christen Gordon, a profoundly disabled child who had spent most of her life in a nursing home unit at Ca _rai -. ios I, I i -I "'I u1 -dz;r_„iile. Fifteen months later, she was dead. ADVERTISEMENT SCROLL TO CONTINUE READING Read about what happened to Christen at myajac rz. About the Author 12/16/18, 2:02 PM https://www.myajc.com/blog/investigations/georgia-outsources-care-for-the-disabled-for-profit-companies/cUBeEg5rPYc6yRMN027nkN/ Page 3 of 4 Creative Networks to Pay $57,500 to Settle EEOC Disability Discrimination Suit S. qual Employment r"-porkin:ty C.01iifillssion 12/16/18, 11:41 AM Esnai,cl l Diner Ln.-,— .=. Enter search terms... Search CONNECT VViTH US ® 11 U © a, Enpn s $A..Erlye- snc1ps FrvsClaral Ar,,an c,,s.:?"I,al.T i... About E0 Home > About EEOC > Newsroom > Press Releases Overview Language (ASL) interpreting services costing more than $200 to complete its pre - Programs PRESS RELEASE The Commission & 9-23-13theGeneralCounsel interpreting services necessary to complete the company's mandatory 24-hour pre - Meetings of CommCommissionn Creative Networks to Pay $57,500 to Settle EEOC Outreach & Disability Discrimination SuitOpenGovernment Instead, the EEOC said, Creative Networks offered Duran a mere $200 towards the cost of Newsroom Disability Services Company Refused to Provide Deaf Applicants With Sign Language Laws, Regulations, During Training, Federal Agency ChargedGuidance & MOUs afford the interpretation services. When Duran was unable to attend the training due to Budget & PHOENIX - Creative Networks, LLC, will pay $57,500 and furnish other relief to settle a Performance disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission Enforcement & EEOC), the agency announced today. Creative Networks provides services to disabled Litigation clients and is a Phoenix -based subsidiary of ResCare, Inc. Initiatives In its suit, the EEOC charged that Creative Networks violated federal law by adhering to a Task Forces rigid policy of denying deaf and hearing-impaired applicants' requests for American Sign Interagency Language (ASL) interpreting services costing more than $200 to complete its pre - Programs employment orientation and training. The EEOC accused Creative Networks of Publications discriminating against Rochelle Duran, a deaf applicant, by denying her request for ASL Statistics interpreting services necessary to complete the company's mandatory 24-hour pre - employment orientation and training program. Outreach & Education Instead, the EEOC said, Creative Networks offered Duran a mere $200 towards the cost of Legislative Affairs 24 hours of ASL interpreting services, even though the company knew that the actual cost FOIA would far exceed this arbitrary limit. Creative Networks admitted it had sufficient resources to Privacy afford the interpretation services. When Duran was unable to attend the training due to Creative Networks' refusal to provide her with a reasonable accommodation, the company Doing Business with EEOC then declined to hire her. Jobs & Internships Last year, Judge David Alan Ezra of the U.S. District Court for the District of Arizona held as EEOC History a matter of law that Creative Networks failed to accommodate and failed to hire Duran Office of Inspector because of her disability in violation of the ADA. (EEOC v. Creative Networks L.L.C., 09 -CV - General 02023, D. Ariz.). Title I of the Americans with Disabilities Act (ADA) prohibits employers from discriminating against qualified individuals in job application procedures, hiring, and job training because of https://www.eeoc.gov/eeoc/newsroom/release/9-23-13a.cfm Page 1 of 2 Creative Networks to Pay $57,500 to Settle EEOC Disability Discrimination Suit 12/16/18, 11:41 AM disabilities, and also mandates that employers provide reasonable accommodations to people with disabilities absent undue hardship. At the time of settlement, the case was scheduled for trial on monetary damages and injunctive relief. 1 am thrilled with this settlement and sincerely hope this is a lesson for Creative Networks and other employers that do not know about or understand the necessity of providing reasonable accommodations without impediments," said Duran, who initially filed the discrimination charge against Creative Networks with the EEOC. "What means the most to me is that this is a win for the deaf community and future deaf applicants." EEOC Trial Attorney Hillary Valderrama said, "It is vital that employers' policies reflect the importance of providing equal employment opportunities for applicants and employees with disabilities. I am pleased that Creative Networks has agreed to inform applicants and employees of their rights and to change its policies in order to provide these individuals with reasonable accommodations under the ADA." EEOC Regional Attorney Mary Jo O'Neill added, "One would expect that a disability services company would be the last place to commit disability discrimination. For over 20 years, it has been a violation of federal law for employers to refuse reasonable accommodations to qualified applicants and employees with disabilities. One size does not fit all - any policy that imposes an absolute limit on an accommodation risks violating the ADA. Employers must take the time to individually assess the accommodations that qualified applicants and employees with disabilities need and to engage them in a dialogue aimed at enabling them to do the job. It's what the law requires, and it's just good business." District Director Rayford O. Irvin, of the EEOC's Phoenix District Office, added, "Employers must take the time to learn what reasonable accommodations qualified applicants and employees with disabilities need and evaluate the employer's ability to meet those needs rather than creating rigid policies that limit the availability of reasonable accommodations." The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov. r. a e7CONNECTWITHUSLAAA: W Privacy Policy I Disclaimer I USA.Gov https://www.eeoc.gov/eeoc/newsroom/release/9-23-13a.cfm Page 2 of 2 Care facility disputes OSHA findings News Community Sports Entertainment Life More 12/16/18, 2:10 PM d- q 45° search Subscribe Now Log in Care facility disputes OSHA findings Updated Oct 10, 2012 By Eric Robinette, z.www.fairfield-echo.com G V ••e FAIRFIELD — A nursing home fined by OSHA is disputing allegations that it failed to protect employees from workplace violence. ResCare Ohio Inc. was cited by the Occupational Safety and Health Administration for exposing employees to workplace violence at the facility, which operates as Camelot Lake. OSHA claimed workers have been exposed to physical assaults during routine interaction with residents who have a history of violent behavior. The agency last week proposed penalties of $8,700. Felicia Hall, the executive director of ResCare Ohio Inc., said in an email to the JournalNews, Monday, "We have scheduled a conference with OSHA to discuss and resolve the issues. We provide care for individuals with developmental, intellectual and physical disabilities, many of whom are unable to move without assistance. We disagree with the proposed findings and look forward to the opportunity to meet with OSHA regarding them" Bill Wilkerson, OSHA's area director in Cincinnati, had said in a statement, "These citations reflect a clear and pressing need for employers operating residential care facilities to develop Advertisement Most read Car crashes into Butler CountyElgasstation F-7 High School Football: How Tom https://www.journal-news.com/news/care-facility-disputes-osha-findings/alors14KV8fOvl4BibG4TN/ Page 1 of 4 Care facility disputes OSHA findings wi i IPI ei MI wives ai IU W icurvc NI vyi ai i w u iai Ni Uaurvaiy auuicoo workplace violence situations" ADVERTISING Camelot Lake accumulated a total of 20 workplace violence cases from 2009-12, resulting in 53 days away from work and 37 days of restricted duty, according to OSHA. A serious violation of OSHA's "general duty clause" involves failing to provide a workplace free from recognized hazards likely to cause serious injury or death. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known, the agency states. An investigation was initiated March 26 under OSHA's Site - Specific Targeting Program and a national emphasis program targeting nursing home facilities. Download the Journal -News app Get the latest Butler County news you want, when you want, in this free app from Journal -News. Click a link below to get the app. Hall, who has been the executive director of ResCare since March of this year, would not comment further on the investigation. She said the facility, which has been operating ince 1985, currently has 36 residents. 12/16/18, 2:10 PIA i ` I Bolden Found His Way ToLakotaWest Fake credit card used to charge 2,500 at West Chester hotel Advertisement https://www.journal-news.com/news/care-facility-disputes-osha-findings/alors14KV8fOvl48ibG4TN/ Page 2 of 4 Shooting death lawsuit settled I News I kpcnews.com 12/16/18, 2:16 PM i:a:u"r+aL-g4,s-y-'•+•.CLICK HEREf.: ihrYa'z--,.,_¢. r6N' ea i; a,®.....,a71 :.. t, . ....... _.n._ ......s..... https://www.kpcnews.com/news/latest/article_93h46c99-ob97-548r83od-93f3623e3686.html Shooting death lawsuit settled BY KATHRYN BASSBTr kathrynb@kpmn .net Jun 6, 2012 AUBURN —The employer of a woman who was murdered on New Yeats Day 2010 in Auburn has agreed to pay her estate $300,000, according to documents filed Friday in DeKalb Superior Court If. Melissa Kay Patrick, 32, was fatally shot in a group home where she cared for four adults. Ronnie R. Jones of Fort Wayne was convicted of her murder and other offenses committed on the same day and is serving 103 years behind bars. In September 2010, Patrick's mother, Yvonne Griffith of IaGrange County, sued Patrick's employer, Res - Care Inc. and Voca of Indiana. Acting as the personal representative of Patrick's estate, Griffith was represented by attorneys Allen Stout of Angola and John Theisen of Fort Wayne. According to the suit, Patrick worked for Res -Care as a certified nursing assistant at 2125 Lorraine Drive, on the north side of Auburn. The suit said Patrick was home with her three minor children on Jan. 1. 2olo. Before going to work at Res -Care later that day, Patrick called the management of Res -Care. Patrick said she did not want to report to work because she was afraid for her life, since she had received about 400 text messages from Jones in the prior 24 hours, the suit said. According to the suit, Res -Care ordered Patrick to work and did not have anyone working with her. The suit said Res -Cue and/or Vora had a duty to use reasonable care to protect Patrick from harm while at work and had a duty to provide a safe place to work The suit said Patrick's estate has suffered damages including, but not limited to, $u,go9 in funeral and burial expenses, $1o,569 to open and administer the estate and $5.555 in legal fees. The suit asked for damages to compensate the estate for its losses under Indiana's wrongful death suit, special damages including, but not limited to, ambulance and funeral bills, the cost of administering the estate, pre judgment interest, costs of the actions and all other appropriate relief. https://www.kpcnews.com/news/latest/article-93b46c99-Ob97-548c-830d-93f3623e3686.htmi Page 1 of 2 Shooting death lawsuit settled I News I kpcnews.com A motion for consent to settle filed by Stout said the parties reached a settlement May 29, contingent upon approval by the court. Res -Care Inc. and Voca of Indiana have offered to pay Patrick's estate $3oo,000. Griffith, the personal representative of the estate, has agreed to accept the amount, the motion added. ne court will consider the motion to settle Monday at 2 p.m. In a separate case, Patrick's family sued Jones for damages. In August 2010, Judge Monte Brown of DeKalb Superior Court II ordered Jones to pay $2.29 million in damages. This Week's Circulars ownlo 56- Today Snl rt ins grelA' Arm s®s129 s448 Hover for Circular JCPenney wroro t 4u i. . Hover for Circular 12/16/18, 2:16 PM LL ; STAPfFC Hover for Circular https://www.kpcnews.com/news/latest/article 93b46c99-Ob97-548c-830d-93f3623e3686.htmi Page 2 of 2 US Labor Department's OSHA fines ResCare Ohio for inadequate workpl... in Fairfield, Ohio I Occupational Safety and Health Administration 12/16/18, 11:54 AM News Releases / US Labor Department's OSHA fines ResCare Ohio for inadequate workplace violence safeguarc TOSHA News Release - Region 5 U.S. Department of Labor Please note: Information in some news releases may be out of date or may no longer reflect OSHA policy. Region 5 News Release: 12 -1922 -CHI Oct. 3, 2012 Contact: Scott Allen Rhonda Burke Phone: 312-353-6976 Email: allen.scott@dol.gov burke.rhonda@dol.gov US Labor Department's OSHA fines ResCare Ohio for inal workplace violence safeguards at residential care facility in Fe F^1RFIELD, Ohio - The U.S. Department of Labor's Occupational Safety and Health Administration has cited Res( L. company's Fairfield residential care facility, which operates as Camelot Lake. OSHA has proposed penalties of These citations reflect a clear and pressing need for employers operating residential care facilities to develop com workplace violence situations," said Bill Wilkerson, OSHA's area director in Cincinnati. "Prevention, protection, con caregivers against possible injury in the workplace." An investigation was initiated March 26 under OSHA's Site -Specific Targeting Program and a national emphasis pn restricted, transfer, or "DART," rate of 10 or higher per 100 full-time workers. Camelot Lake accumulated a total of , days away from work and 37 days of restricted duty. Employees have been exposed to physical assaults during rot behavior. A serious violation of OSHA's "general duty clause" involves failing to provide a workplace free from recognized ha occurs when there is substantial probability that death or serious physical harm could result from a hazard about w Three other -than -serious violations involve failing to post a SUMMARY for lost or restricted work days due to injury injury and illness logs upon request for 2009 and 2010, and conduct annual reviews and updates of the company's is one that has a direct relationship to job safety and health, but probably would not cause death or serious physics OSHA established the National Emphasis Program for Nursing and Residential Care Facilities to provide guidance 1 targeting and conducting inspections focused on the hazards associated with nursing and residential care. In 2010 nl 'ng and residential care facilities experienced one of the highest rates of lost workdays due to injuries and illne: https://www.osha.gov/news/newsreleases/region5/10032012-0 Page 1 of 2 US Labor Department's OSHA fines ResCare Ohio for inadequate workpl... in Fairfield, Ohio I Occupational Safety and Health Administration 12/16/18, 11:54 AM OSHA's "Guidelines for Preventing Workplace Violence for Health Care & Social Service Workers" resource is avail: http://www.osha.gov/Publications/OSHA3148/osha3l48.html. Additional information on workplace violence is avai www.osha.gov/SLTC/workplaceviolence/index.html. Information for employers and employees in nursing hot aonomics and workplace violence, is also available at http://www.osha.gov/SLTC/nursinghome/index.html. The company has 15 business days from receipt of its citations and proposed penalties to comply, meet informally independent Occupational Safety and Health Review Commission. This inspection was OSHA's fourth of the facilit, workplace violence. ResCare Ohio employs more than 270 workers, including 50 at the Camelot Lake facility who provide daily care for provides residential, therapeutic, job training and educational support to people with developmental and other disa special needs. Based in Louisville, Ky., ResCare and its nearly 45,000 employees serve some 57,000 people daily it To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or call OSHA's toll-free hotline at 800 -321 -OSHA (6742) or the agency's Cincinnati Area Office at 513-841-4132. Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful conditions for America's working men and women by setting and enforcing standards, and providing training, educ http://www.osha.gov. Department of Labor news materials are accessible at http://www.dol.gov. The information above is available by calling 202-693-7828 or TTY 202-693-7755. UNITED STATES DEPARTMENT OF LABOR Occupational Safety & Health Administration 200 Constitution Ave NW Washington, DC 20210 800-321-6742 (OSHA) TTY www.OSHA.gov FEDERAL GOVERNMENT White House Affordable Care Act Disaster Recovery Assistance USA.gov Recovery Act No Fear Act No Fear Act Data U.S. Office of Special Counsel OCCUPATIONAL SAFETY Frequently Asked Questic A - Z Index Freedom of Information A Read the OSHA Newslett Subscribe to the OSHA N OSHA Publications Office of Inspector Gener https://www.osha.gov/news/newsreleases/region5/10032012-0 Page 2 of 2 Man Charged With Rape Of Disabled Woman In Penryn v CBS Sacramento 12/16/18,12:19 PM pili 1,y t,,1 i Sacramento = MENU NEWS WEATHER SPORTS BESTOF t Man Charged With Rape Of Disabled Woman In Penryn By Derek Shore December 13,2012 at 10:16 am Fled Under: Penryn, Placer County Sheriff's Office PENRYN (CBS13) -A man has been arrested and charged with the rape of a disabled woman who was living in a Penryn care facility. CBS13 reported Dec. 6, 2011 that the 34 -year-old woman was six months pregnant and that Placer County Sheriff's Office detectives were investigating the circumstances of her pregnancy. He can stay there and rot for all we care;'said Patricia. Patricia, as she wanted to be known, says she had no clue what her son's friend was accused of - a brutal rape. Marquis X. Montgomery, 22, was arrested in Sacramento County on Wednesday and booked into the Placer County Jail on $150,000 bail. According to Lt. Mark Reed, the sheriff's office has been looking for Montgomery for more than a Marquis Montgomery month and tracked him down in the Elverta area on Wednesday night. Patricia says that Montgomery stayed at her home for about two weeks. We couldn't get rid of him;'she said. The victim, described as severely disabled and blind, was living at the Casa del Mar care facility on Butler Road. It's operated by FOLLOW US OUR NEWSLETTER 13 Sign up and get our latest headlines delivered right to your inbox! Email address MOST VIEWED 0 An Extra $500A Month? 100 Residents To Be Selected For Basic Income Pilot Program O Contractors Fired After Posting Offensive Photos From Camp Fire Burn Zone O https://sacramento.cbsiocal.com/2012/12/13/man-charged-with-rape-of-disabled-woman-in-penryn/ Page 1 of 4 Man Charged With Rape Of Disabled Woman In Penryn a CBS Sacramento ResCare California. It's definitely a victim that can't, that doesn't have the ability to fight back;" Reed said. Montgomery is a former worker at the facility but left before sheriff's investigators could get a DNA sample from him, Reed said. The sheriff's office had a DNA test done after the baby was born and connected Montgomery through family DNA, Reed said. A warrant will be issued to take a DNA sample from Montgomery, he said. ResCare contacted the sheriff's office about the woman's pregnancy last year and the state Department of Public Health also initiated an investigation of the facility. Results of that investigation weren't released. ADVERTISING arn More inRead inv.W.d by Teed. The care facility issued this statement in part: From the beginning, we have cooperated fully with investigators by immediately reporting the crime and providing all necessary information to assist them throughout the course of the investigation. Our primary concern is and has always been the safety of the people we support" Montgomery is scheduled to be arraigned on Friday at 1 p.m. Comments 12/16/18,12:19 PM 3 Police: Woman Threw Baby Twice During Argument Over Amazon Purchases O 4 Towing Company Investigated After Stolen Truck Found Stripped in Yard D 5 Vigil Held For Autistic Student Who Died After Being Restrained At School OO 6 Business Owner Gives Employees Affected By Camp Fire Free Trailers (9 7 Woman Who Tried To Kill Herself By Driving Wrong Way On Freeway Sentenced To Life In Prison 8 Marysville Middle Schoolers Given Pot Brownies At School Woodland Business Owners Gives to Stranger in Need, Community Pushes To Support Her Business O 10 Heart Left On Southwest Flight Makes It To Destination In Time To Save Lives O https://sacramento.cbslocal.com/2012/12/13/man-charged-with-rape-of-disabled-woman-in-penryn/ Page 2 of 4 Tampa Bay Workforce Alliance squandering tax dollars (2011) 1 wtsp.com 12/16/18, 2:07 PM mmu rO NEWS WAT LIVE 80 On Ak415AM Tampa, FL 1/V&q HER ALERT 4 Weaihee Alerts CLOSE Tampa Bay Workforce Alliance squande&g tax dollars (2011) Several WTSP viewers contacted the 10 News Investigators after a week-long training class from Tampa -based company Knowledge Quest Inc., arranged through the Tampa Bay Workforce Alliance. TAMPA, Florida (This story first appeared on WrSpcom in Sept 2011) — The 10 News Investigators have discovered a local agency gutted two years ago for outrageous spending practices has squandered tax dollars once again; this time, by allowing an unqualified company to claim limited federal Workforce Investment Act(WIA) funds. Several WISP viewers contacted the 10 News Investigators after a week-long training class from Tampa - based company Knowledge Quest Inc., arranged through the Tampa Bay Workforce Alliance. The unemployed or under -employed workers all claimed they were promised full-time customer service jobs if they went through week-long training. https://www.wtsp.com/article/news/investigations/tampa-bay-workforce-alliance-squandering-tax-dollars-2011/67-511241396 Page 1 of 6 Tampa Bay Workforce Alliance squandering tax dollars (2011) 1 wtsp.com 12/16/18, 2:07 PM 2018: Tampa lobs chief under fire for fudgjug numbers and b'g_p&y Except not only were there no jobs for half the class, the 'students" complained the expensive training was a waste of time, teaching them menial tasks like how to write a cover letter. Yet Knowledge Quest still collected $1,995 for each of the 15 students in the week-long April session. This email will be delivered to your inbox once a day in the morning. ENTER EMAIL HERE I feel hurt, I feel deceived, and I feel cheated," said Opal Raglin, who says she was promised a job if she attended the training. "I started telling people in the class, 'something is just not right with this thing'" What angers me" said unemployed veteran Mike Flanagan, 58, "is taking advantage of not only a veteran who served our nation but also other individuals that participated in my class" Knowledge Quest raked in nearly $30,000 for the class and because the Tampa Bay Workforce Alliance had just added the company to its approved vendors list the entire training was paid for by WIA funds, which Workforce oversees. However, after speaking to more than a half-dozen people in the class and nearly 50 public records requests, the 10 News Investigators found Knowledge Quest's application to Workforce contained numerous falsehoods. And Workforce never bothered to verify them. Among the misrepresentations: Knowledge Quest claimed accreditation through FLDOE's Commission for Independent Education Knowledge Quest promised to report data to through the state's FETPIP system, which it was not registered with Knowledge Quests April training would last 72 hours, yet a course syllabus included less than 40 hours of training Tampa Bay Workforce CEO Ed Peachey, who took over the helm of the agency after the 2010 scandal over emolovgen ing on of food & beveragg, told 10 News that Workforce may not have fully vetted Knowledge Quest's qualifications earlier this year before recommending approval to the board in March. However, after 10 News started asking questions and Peachey spoke to Knowledge Quest, he said in August he was content with the company's explanation for why it wasn't accredited: it was teaching accredited classes. But the 10 News Investigators learned Knowledge Quest simply provided Peachey with old - and sometimes unfunded - contracts with USF, Pensacola Jr. College, and Florida Keys Community College. All three institutions told 10 News that the classes were non-credit, non -accredited classes - something Workforce could have found out with a simple phone call or email. Knowledge Quest has since removed claims of being "college -accredited" from its website, although archives of the claim from 2010 still exist. The archive also saved Knowledge Quest's boast of "15 Years of sound executive leadership experience entrenched within our current staff along with an additional 17 years of technical and telecommunications experience" YLt—nQw,_wp years later, those numbers have jumped to 25 and 27 years, respectively. https://www.wtsp.com/article/news/investigations/tampa-bay-workforce-alliance-squandering-tax-dollars-2011/67-511241398 Page 2 of 6 Tampa Bay Workforce Alliance squandering tax dollars (2011) 1 wtsp.com 12/16/18, 2:07 PM Peachey blamed any oversights on Workforce's contract company, ResCare, which ran the agency from mid -2010 to mid -2012 after the spending scandal. Yet when Peachey started hiring employees back under the Workforce umbrella this summer, he says almost all of the ResCare employees were retained. Regional workforce boards like Tampa Bay Workforce play pivotal roles in helping Floridians get back to work. They oversee Florida's One -Stop Career Centers, and are responsible for distributing federal funds designated for unemployed, under -employed, and displaced workers. New laws went into effect this summer to ensure more accountability among regional workforce agencies after multiple scandals around the state. Knowledge Quest's president, Cesar Ruiz, repeatedly declined formal interview requests with 10 News but said via phone that the reason the unhappy viewers contacted 10 News was not because of worthless training, but because background checks wound up costing them the jobs. Ruiz said jobs were lined up — but never promised. However, Ruiz later changed the story, saying leadership changes at the hiring company froze the positions they expected to fill Knowledge Quest may also have exaggerated a number of its other relationships, including that it "partners with public school districts across the country." Among its claims, a relationship with the Hillsborough County School District in 2011, Knowledge Quest ran a STEM -themed summer program for students at Middleton High. But while Middleton's principal said it was a good experience for his students, public records requests to the district yielded no documents in connection to the course: the district has never paid Knowledge Quest nor have any Knowledge Quest grants gone through the school. The training may have been provided for free, allowing Knowledge Quest an opportunity to claim a relationship with the district. Knowledge Quest, while unsuccessfully chasing a 776,720 school "turnaround" contract in Monroe,La. claimed a history of working with schools across the country. However, the 10 News Investigators learned most — if not all —of the company's claimed "experience" in working with schools was from Vice President Jose Otero's tenure working with Rescare, prior to going to Knowledge Quest. School board members in Monroe, who narrowly voted down the lucrative proposal last year, said they had no faith in Knowledge Quest based on its lack of references. At this point in time, they have no track record of what they have turned around," Monroe Federation of Teachers and School Employees president Sandie Lollie told The News -Star at the time. "I can find no documentation as to the validity of what they claim they can do." https://www.wtsp.com/article/news/investigations/tampa-bay-workforce-alliance-squandering-tax-dollars-2011/67-511241398 Page 3 of 6 Tampa Bay Workforce Alliance squandering tax dollars (2011) 1 wtsp.com 12/16/16, 2:07 PM in its dealings with Tampa Bay Workforce, Knowledge Quest also claimed a relationship with USF, including the misrepresentations on page 4 of its application and an indication on its website that USF professor Dr. Willie Moreno was the head of one of its division. USF officials tell 10 News there has never been any contractual relationship between the university or Moreno. While Moreno says he taught one class for Knowledge Quest in 2008, USF says its only proposed relationship - a 2011 youth program —was never funded. Public records requests paint a picture of Knowledge Quest's relentless pursuit of public grants and contracts: At least three training contracts through Suncoast Workforce (Sarasota/Manatee) paid Knowledge Quest more than $15,000 in WIA funds At least 606 employed workers were trained (for an undetermined sum) through Pasco -Hernando Workforce from May 2010 to June 2011 using Employed Worker Training (EWT) funds. Knowledge Quest received $x,470 contract from the U.S. Navy in 2011 for computer training. Knowledge Quest began an application to get on Texas Workforce's approved vendor list but has yet to complete it Make it easy to keep up-to-date with more stories like this. DOWnload the 10 News app now. Have a news tip? Email rips wtsp.com visit our Focebook Wgg or Twitter feed. You May Like sponsored units by Taboda Why Are Women Ditching Their Yoga Pants for These Amazing Bottoms? American Giant If Your Dog Eats Grass (Do This Everyday) Ultimate Pet Nubitian U.S. Cardiologist: Stop Taking Probiotics Immediately Gundry Mo These Twins Were Named "Most Beautiful In The World," Wait Till You See Them Today Post Fun Wardrobe Malfunctions That Somehow Made It Into Films KIWIRepOrt U.S. Cardiologist: It's Like a Pressure Wash for Your Insides Health Headlines https://www.wtsp.com/article/news/investigations/tampa-bay-workforce-alliance-squandering-tax-dollars-2011/67-511241398 Page 4 of 6 PRN) ResCare, Inc. Allegedly Violated Federal Labor Law, According to Workers' Law Firms - Houston Chronicle 12/16/18, 11:48 AM PRNewswire Published 11:10 am CDT, Wednesday, May 2, 2007 DALLAS and SAVANNAH, Ga., May 2 /PRNewswim/ -- ResCare, Inc. (Nasdaq: RSCR), a nationwide provider of in-home therapeutic, educational, and training services, violated federal labor law by not paying workers for travel time to and from job assignments, according to a federal lawsuit filed Tuesday. According to the law firms that filed the lawsuit in Georgia federal court alleging violations of the Fair Labor Standards Act ("FLSA"), the case could affect thousands of current and former employees of ResCare and its subsidiaries, including Southern Home Care Services, Inc. LLC, of Savannah, Ga., Lee & Braziel, LLP, achtree City, Ga. The law firms will seek ver back wages for eligible current and nedically home -bound clients at the mpensate employees for travel time riffs were given specific instructions by ill do is difficult enough, but to have our may not seem like much, but add them s this way." https://www.chron.com/news/article/PRN-ResCare-Inc-Allegedly-Violated-Federal-l794615.php Page 1 of 2 PRN) ResCare, Inc. Allegedly Violated Federal Labor Law, According to Workers' Law Firms - Houston Chronicle 12/16/18, 11:48 AM FROM OUR SPONSOR CONTINUE FOR MORE CONTENT The other named plaintiffs are Yekether Barnes, of Manchester, Ga., Felicia Holt of Concord, Ga., and Deborah Harris, of Gay, Ga. Attorney Kevin Hooks, of Kevin E. Hooks & Associates, LLC, of Savannah, Ga., said, "Many employees of ResCare and its subsidiaries work in rural areas, and some drive long distances from house to house to deliver services. The law is clear that workers must be paid for travel when it's an integral part of the job. Companies like ResCare rely on personnel who typically work out of their homes, and report to a regional or divisional offices periodically, generally to pick up schedules and paychecks. Employees who work on this basis too often are not informed of their rights when it comes to'wage and hour' law." Attorney J. Derek Braziel, of Lee & Braziel, LLP, in Dallas, said, "Like other companies in this sector, ResCare and its subsidiaries have grown quickly, in part, F ase managed care providers, such as Medicare, have forced shorter hospital stays and increased funding of post -discharge, in-home services. ResCare lu-_ ,las been an acquirer of smaller companies, and now has numerous subsidiaries. Rapid growth of this sort and the ramping up of staff can cause serious labor issues that lead to FLSA claims. We are continuing our investigation of this matter." The case is "Geddis, et al., v. Southern Home Care Services, Inc., et al.,' (No. 3 07-CV-036-JTC) in the U.S. District Court for the Northern District of Georgia, Newnan Division. A Web site with more information about the lawsuit can be accessed at http:l/www.homecareovertime.com. (The Geddis case is separate from recent or pending FLSA lawsuits filed against ResCare and/or its subsidiaries in Oklahoma and Indiana.) Attorney Contacts: Kevin Hooks of Kevin E. Hooks & Associates, LLC, 912) 233-8105; J. Derek Braziel of Lee & Braziel, LLP, (214) 749-1400, and Benjamin H. Terry of the Law Offices of Benjamin H. Terry, P.C., 770) 394-1502. Media Contacts Erin Powers, Powers MediaWorkS LLC, for Lee & Braziel, LLP, 281) 362-1411 or (281) 703-6000. 0 2018 Hearst Communications, Inc. HEARS T https://www.chron.com/news/article/PRN-ResCare-Inc-Allegedly-Violated-Federal-l794615.php Page 2 of 2 Healthcare Company Facing Lawsuit In Death Of Columbus Woman 12/16/18, 11:49 AM HOME NEWS SPORTS WEATHER COMMUN0 VIDEO ABOUT US CON Healthcare Company Facing Lawsuit In Death Of Columbus Woman February 2, 2001 at 11:30 PM EST - Updated July 26 at 10:10 PM Is she moving at all?" asks the 911 operator. Kentucky -based ResCare is facing a lawsuit in the death of Lisa Parker. The suit, filed in Muscogee County, claims Parker's caregiver wasn't properly trained. just last week, another Columbus caregiver was arrested and charged with murdering her mentally - challenged client. Both worked for Columbus companies owned by ResCare. Parker suffered from multiple sclerosis, and required constant care. It was given by Catherine Durham, a caregiver employed by Southern Home Care Services. A 911 call details the final minutes of Lisa Parker's life. Nuh-uh. Lisa please. I fed her breakfast this morning. She's foaming at the mouth," Durham said. The coroner says Lisa Parker choked to death. We are wondering whether those caregivers, in fact, have the proper training to handle http://www.wtvm.com/story/6031600/healthcare-company-facing-lawsuit-in-death-of-columbus-woman/ Page 1 of 8 Healthcare Company Facing Lawsuit In Death Of Columbus Woman 12/16/18, 11:49 AM risks when they pop up, "said attorney Richard Dodelin. The lawsuit alleges that Durham didn't know how to treat someone who is choking, even though notes in Parker's file said Parker had difficulty swallowing and choked easily. Dodelin interviewed Durham in January. Did you ever perform the heimlich maneuver on Lisa?" Dodelin asks. Durham says, "Repeat that." Do you know what a heimlich maneuver is?" Dodelin says. I don't recall what a heimlich manuever is," Durham responds. We don't think she even understood Lisa was choking," Dodelin said. ResCare isn't commenting, but did release a statement. It says: We believe the allegations made in the lawsuit are not true. The information you received from the plaintiff's attorney is incomplete and taken out of context. We wish we could discuss this in more detail, but since it is in litigation we are restricted about what we can say at this time. http://www.wtvm.com/story/6031600/healthcare-company-facing-lawsuit-in-death-of-columbus-woman/ Page 2 of 8 Healthcare Company Facing Lawsuit In Death Of Columbus Woman We did talk to ResCare about employee training on Thursday. A spokesperson says caregivers are trained by the state, and also receive additional training. 12/16/18, 11:49 AM Meanwhile, Dodelin expects this case to go to trial in a year, where a jury will have the final say. Sponsored Stories Pics] She Suspiciously Paid For Everything In Old Man's Neighbor Blocks His Driveway With Cash For Years, Then Cinder Blocks So He Ice Pop PostFun Try Not To Laugh At These Hilarious Kids Are You Looking For Auto Loans For New and Used Halloween Costumes Vehicles? giveitlove Auto Loansl Sponsored Listings hitp://www.wtvm.com/story/6031600/healthcare-company-facing-lawsuit-in-death-of-columbus-woman/ Page 3 of 8 New Mexico Nursing Home Abuse - Rape Victim Awarded $54M 12/16/18,11:38 AM FreeAdvice has a new Terms of Service and Privacy Poli-cy, effective May 25, 2018. By continuing to use this site, you are consenting to our Terms of Service and use of cookies. Learn more Accept Ask a Lawyer a Ask the Legal Community FreeAdvice: Law Select a gaLT6pLc Ask a Lawyel Ugia ws Free Case Evaluation FREEADVICE: FREEADVICE: LAW INSURANCE Ask a Lawyer Free Insurance All Legal Quotes Topics BY—Le 91111Toip e Accident LawBarl LawBusiness LawCriminal LawEmployment labor law Estate PlanningFamily LawFinancial L.awGeneml PracticeGovemment Law Immigration Lawlnsurance Lawlntellecmal Pro er J,jtigatigDMalpractice Law Personal InipdyReal Estate LawTax Laws all ClainisAyJation lA Home > Law Advice > Malpractice Law > Nursing Home Abuse & NegLegL, ARTICLE by FreeAdvice staff Developmentally Disabled New Mexico Rape Victim Awarded $54M rNewt W%reeAdvice staff Lixa o Ca+ g nome abuse? Get a FREE Case Evaluation From An Experienced Attorney. ;:;esc A developmentally disabled New Mexico man who lived in a group home run by ResCare, Inc. was awarded $54 million after he was raped by one of the G. home's employees. Nearly $50 million of the award constituted punitive damages as the home failed to ran any background checks on the employee. N^ -sing home negligence 1 _ New Mexico nursing home negligence case has gamered national attention. According to news reports, 48 year old Larry Selk was a resident of a group home in Roswell, New Mexico in May of 2004- Rin by Louisville, Kentucky -based ResCare, Inc., the home bad continual problems with under staffing, insufficient staffing, inadequately trained staff and inadequate documentation - and this case was no exception. ResCare hired a male caregiver without perforating a background check first. The man had been fired from previous group homes for inappropriate behavior with residents. After only four days at ResCare, he raped Selk, who is unable to speak and could not call for help. When a nurse noticed that Selk was bleeding rectally, a sexual assault specialist was called and verified that Selk had been raped by the man -who has since disappeared. His family hired a New Mexico nursing home abuse attomey and filed a lawsuit against the home for negligence. Unorthodox strategy moves jury The family's personal injury attorney was able to prove to ajury that the company had a history of mis-management and that they failed to consider reasonable settlement offers However, he also wanted to show the jury bow helpless Selk must have felt during the ordeal because he could not speak, so he sang them a Sarah McLaughlin song with the lyrics, "We we screaming inside, but we cannot be heard"Although that might seem unorthodox, and even the attorney says that he's never done that in court, his strategy worked. The jury awarded Selk over $54 million - of which nearly $50 million constituted puni five damages. The money will be managed by his sister and used to take care of Selk for the rest of his life. Hiring the right attorney This case shows how important it is to hire the right attorney. While not all lawyers sing to juries, good lawyers know how to get their points across and make juries truly understand what an injured victim has endured. If you or a loved one has been injured in a nursing home due to neglect, negligence or elder abuse, contact an experienced nursing home abuse laws in your state to discuss your situation and evaluate your options. The foregoing article has been prepared by an attorney who is a regular contributor to FreeAdvice, and is now undergoing review, by the site's editorial staff. Pain/Suffering Calculator InWty..a, Estimate by a Real La"r. Auto Accidents, Slip/ Injuries. Get Free Eval. Free Legal Advice — Get Informed General uestionsClaims and Lawsuits Victim of nursing home abuse? Get a FREE Case Evaluation From An Experienced Attorney. c to N using Home Abuse & Negalw https://law.freeadvice.com/malpractice law/nursing home_abuse/new-mexico-nursing-home-abuse-lawsuit.htm Page 1 of 2 SAN MATEO COUNTY / Nursing home sued in scalding / Disabled woman allegedly left in 130 -degree shower - SFGate 12/16/18, 11.55 AM SFGATE https://www.sfgate.com/bayarea/article/SAN-MATEO-COUNTY-Nursing-home-sued-in-scalding-2543655.php N MATEO COUNTY / Nursing home sued in scalding / DOssMed woman allegedly left in 130 -degree shower Dave Murphy, Chronicle Staff Writer Published 4:00 am PST, Wednesday, January 11, 2006 San Mateo County is suing a Redwood City nursing home, alleging that workers accidentally scalded a 51 -year-old developmentally disabled woman, then waited more than three hours to call 911. The suit against ResCare Inc. and several employees, filed Tuesday in San Mateo County Superior Court, says that an untrained caregiver put Theresa Rodriguez into a 13o -degree shower for 20 minutes on May 5, 2004, causing second- and third-degree burns on her genitals, thighs, stomach and lower back. https://www.sfgate.com/bayarea/article/SAN-MATEO-COUNTY-Nursing-home-sued-in-scalding-2543655.php Page 1 of 2 SAN MATED COUNTY / Nursing home sued in scalding / Disabled woman allegedly left in 130 -degree shower - SFGate 12/16/18,11:55 AM g FROM OUR SPONSOR CONTINUE FOR MORE CONTENT T lawsuit alleges that ResCare knew the water had been too hot for several days before Rodriguez was burned, and Ocansey waited about two hours to tell colleagues that Rodriguez had been burned, then there were more delays until workers could get a supervisor's permission to call 911. RCCA's statement says no such permission was necessary; it is company policy for employees to call 911 first and then contact their supervisors. The statement also disputes that Ocansey was untrained, saying that RCCA's training meets and often exceeds state . standards. It did not address any specifies about how long Rodriguez was left in the shower or how much time it took for workers to call 9n. 2018 Hearst Communications, Inc. https://www.sfgate.com/bayarea/article/SAN-MATEO-COUNTY-Nursing-home-sued-in-scalding-2543655.php Page 2 of 2 West Sussex Care Homes under Investigation by Police and CQC I Rescare West Sussex Care Homes under Investigation by Police and CQC Some disturbing news from Sussex, reported by BBC local news: www.bbc.m.uk/nmWuk-england-Sussex-00991641 OOO e - Polkeirquiriesandumnnouncedinspeclionshavebeen aWoWatd'sablldycarehomes in west Sussex. sur They "min response O'sigraficant safeguarding cancerns' aRera numberof mpoded West Sussex disability care homes deaths. investigated The Cere Qua/dy Commission was started to Sussex Health Care services by West Sussex comfy Council...' This story does not appear yet have gone'natiorel', presumably pending the results of these initial investigations, and has only been re- reported by a few news ageneses. We will mcnitor events. The CCC has been the supped of recent cmicisms with regard to its regime of regulation and inspection (which we hove reported in our members' newsielter Reenters); so let us hope regulatory failure (an top of the operational and financial pressures currently affecting pre homes generally) has not contributed to the problems in Wast Sussex. Regrecably, we were alerted to this story by Rescare members (family carers) who have been elected by the investigations described in the news reporL Related CQC continues to reinvent itself.. 2nd July 2014 In "Slog" CQC is a joke... But it's no laughing matter! 20th July 2012 In "Editorial & Letters" CCC launches "Better Care In My Hands Report - A review of how people are involved in their care" 20th May 2016 In "News" 12/16/18, 12:46 PM http://www.rescare.org.uk/west-sussex-care-homes-under-investigation-by-police-and-cqc/ Page 1 of 1 Dechoker' anti -choking device claims to save lives but has never been tested on humans Mec aa a , p WFTS TAMPA BAY ADVERTISEMENT MONEY > CONSUMER ALERTS > TAKING ACTION FOR YOU 12/16/18, 3:54 PM 9A(atch Alerts 4 weather alerts Dechoker' anti -choking device claims to save lives but has never been tested on humans Medical tool found on store shelf makes bold claim Posted: 10:45 PM, May 21, 2018 Updated: 10:26 PM, May 21, 2018 Y By: Jackie Callaway https://www.abcactionnews.com/money/consumer/taking-action-for-you/...ng-device-claims-to-save-lives-but-has-never-been-tested-on-humans Page 1 of 8 Dechoker' anti -choking device claims to save lives but has never been tested on humans Video Player is loading. Play Unmute Yli09ta%8A?:Q9ndow. Y &Odialog window. Escape will cancel and close the window. I C).Med. (i%n 12/16/18, 3:54 PM A morning last August started out like any other — until Ellen Fiss took her vitamins. One was lodged in her throat and cut off her air supply. Her 19 -year-old daughter Olivia ran into the room and could tell her Mom was in trouble. She patted her on the back and then began abdominal thrusts also known as the Heimlich maneuver. Fiss has no doubt her daughters' quick thinking saved her life. Abdominal thrusts remain the first life-saving approach for local first responders including Tampa Fire Rescue. The tried and true faces competition from an untested medical device for sale in stores and online. Dechoker inventor Alan Carver claims to have sold the anti -choking tool to three ResCare nursing homes in Florida and to more than Zoo doctors. 3 ADVERTISING cY:9 https://www.abcactionnews.com/money/consumer/taking-action-for-you... ng -device -claims -to -save -lives -but -has -never -been -tested -on -humans Page 2 of 8 Dechoker' anti -choking device claims to save lives but has never been tested on humans Anyone can order the Dechoker from Amazon and Walmart. 12/16/18, 3:54 PM ResCare refused to comment on whether it uses the equipment on patients. The company admits the plunger -like product has never undergone a clinical trial on live humans. Emergency room doctor Andrew Thomas doesn't recommend medical professionals or anyone else use untested equipment in a life and death situation. We asked Tampa Fire Captain Mitch Spradlin try the device on a dummy. On first impression, he felt the device was easy enough to use but wonders if it will get the job done in a life or death situation. Dechoker posted surveillance video on its website to portray abdominal thrusts as violent and dangerous. According to news reports, abdominal thrusts saved the life of the Orlando woman in that video and she required no further medical treatment. Dr. Andrew Thomas says there are potential risks like broken ribs but they are worth it because of the potential benefit. The CEO, Alan Carver refused to answer our questions on camera. The company advertises that it's registered with the FDA as a class one levice. There's no oversight or regulation for class one medical equipment. https://www.abcactionnews.com/money/consumer/taking-action-for-you...ng-device-claims-to-save-lives-but-has-never-been-tested-on-humans Page 3 of 8 Dechoker' anti -choking device claims to save lives but has never been tested on humans 12/16/18, 3:54 PM Carver says this tool has saved 17 lives and is 99 percent effective but the company did not provide information for any victims or doctors who would speak out in favor of the device's use. Carver says he's not trying to replace abdominal thrusts — rather he encourages people to use both as life-saving resources. CURATION BY Want The Secret To'Celebrity White' Teeth? 5 Signs You're Being Cheated On - #21s All The Proof You Need https://www.abcactionnews.com/money/consumer/taking-action-for-you...ng-device-claims-to-save-lives-but-has-never-been-tested-on-humans Page 4 of 8 City Cound Minutes December 17, 2018 Page 4 Moved by Councilmember Wagner and seconded by Councilmember Olsen to approve the Interim Use Permit (IUP) for a temporary parking lot at 18790 Edison St NW with the following conditions: 1. The IUP will expire on December 17, 2021. 2. The parking area must be removed and vegetation re-established prior to expiration of the IUP. 3. Upon removal of the parking area the base materials must be removed and the soils must be de -compacted in order to maintain compliance with approved stormwater plans. Motion carried 5-0. 7.4. Conditional Use Permit: Institutiona9 Use, ResCare MN — 633 Upland Ave Mr. Carlton presented the staff report. Mayor Dietz opened the public hearing. Patrick Kelly, attorney from Kelly and Lemmons, P.A., representing the applicant. Mr. Kelly stated ResCare has no issues with the proposed conditions. He explained ResCare's role is to provide a transitional facility for patients to return to the community after receiving hospital treatment for mental illness. He responded to the Police Department's concern about the facility being located in a residential area by pointing out many of ResCare's facilities are located in residential areas with no problems. He added staff is medically trained and in the rare event emergency services are required, they would be contacted as they would for any other resident in the area. He stated there are multiple people in the audience to answer questions on behalf of ResCare. Christina Monson, 1745 Tipton Circle NW, expressed concern for neighborhood safety and questioned selection criteria for the facility. She added she did not receive notice of the hearing. Mr. Carlton indicated public hearing notices were mailed to all property owners within 350 feet of the proposed property per state requirements. Thomas Alf, 4440 Beard Avenue N., Robbinsdale, representing ResCare, explained their mission is to serve people with serious mental illness. Donna Schierschmidt, 1733 Tipton Circle, stated she was a psychiatric homecare nurse for years and her heart goes out to people with mental illness but she doesn't feel this facility will be a good fit in a residential neighborhood. Randi Bentz, 578 Tipton Avenue NW, expressed concern for the safety of her children. NATURE City Council Minutes December 17, 2018 Page 5 Michael Chopskie, 1757 Tipton Circle NW, is against the facility being located in a residential neighborhood. Jason Vahlenkamp, 1738 Tipton Circle NW, handed out a binder of allegations against ResCare and outlined some of the articles in the binder. Andrew David, 551 Tipton Avenue NW, agrees with his neighbors and believes more due diligence is needed on this project. Robert Owens, 1790 Tipton Avenue NW, found multiple properties in Sherburne County that would meet the company's requirements. He stated the facility should not be in a residential neighborhood. He expressed concern over reduced real estate values and the safety of emergency personnel. Mr. Owens added many of his neighbors did not receive notice of the meeting. Councilmember Ovall questioned the public hearing notification process. Mr. Carlton confirmed notices were mailed to all property owners within 350 feet of the facility. Attorney Beck noted this is a standard state requirement. Judy Jorgenson, 1634 Main Street NW, expressed concern for the safety of her grandson living on Tipton and the safety of all children in the neighborhood. Melissa Larson, 1720 5th Street NW, agrees with concerns expressed by her neighbors. She indicated the road already has a lot of traffic and adding this facility would impact children walking to and from their bus stops. John Schierschmidt, 1733 Tipton Circle NW, stated nothing but problems come out of these types of facilities. He questioned if this is already a done deal as it appears work is already taking place at the facility. Mr. Carlton indicated nothing has been approved yet and he was unaware of what work is taking place on the property. Janet Nelson, 577 Tipton Avenue NW, expressed concerns for safety with residents of the facility being able to come and go as they please. Brad Thiel, 12600 195th Court NW, also a member of the Planning Commission, is in support of this project as a tax payer and an active citizen. He explained he feels this facility is a good fit for this location and is a needed service in Sherburne County. He noted just because someone has mental illness doesn't mean they are a danger to the community. Tammy Jorgenson, 1790 Tipton Circle NW, indicated notices should have been sent further than 350 feet due to the nature of the issue. She believes another location would be better suited for this facility. Mr. Kelly explained the facility is zoned properly for this type of use and he feels the facility would be a benefit for the community. He stated ResCare is a professional PR11Rt1 Br NATURE City Council Minutes Page 6 December 17, 2018 organization which can be verified with other municipalities in which ResCare facilities are located. Chris Jacobson, healthcare real estate advisor for CBRE, explained this type of facility is unique in that without it people go straight back in to the community without transition. He further explained a residential area is ideal for this facility. He stated he has been searching for a property in Sherburne County for years and has already vetted many of the properties the residents mentioned this evening. He stated ResCare feels this location is perfect as it provides a residential setting while still allowing residents to obtain the other services they need. Al Nadeau, 511 Tipton Avenue, questioned if residents of the facility would have felonies or gross misdemeanors. Melissa Whittaker, Richfield, works at residential facility, believes this is a good location for this facility. She explained she works with people with mental illness on medication management, housing, and as case manager and none have been felons. She further explained many times the residents are grateful for the experience. There being no one else to speak to this issue, Mayor Dietz closed the public hearing. Mayor Dietz questioned if residents of the facility will be Elk River residents. Mary Jo Cobb, Sherburne County Director Health and Human Services, explained county residents are currently being sent long distances to receive this type of assistance which doesn't allow patients to get well in their own community. She stated the mental health supervisors she deals with are happy with the care ResCare provides and feel this would be a benefit to the community. Councilmember Westgaard indicated he would like additional input from the police and fire departments on their concerns. Mr. Carlton stated he will get this information to Council. Councilmember Olsen questioned recourse for the city if a conditional use permit is approved and issues come up. Attorney Beck indicated a conditional use permit is only valid as long as the conditions are adhered to and the Council could begin a revocation proceeding if conditions are violated. Councilmember Wagner addressed comments made about this project bringing Elk River money. She explained this is not a city initiative and the only money the city receives from this is the property taxes that are already being paid. Councilmember Wagner questioned if there is a curfew for the residents of the facility. Mr. Alf explained there is a curfew and patients are made aware of the expectations when they arrive. l01EAEI B NATURE City Council Minutes December 17. 2018 Page 7 Mayor Dietz questioned if patients can be out all day. Mr. Alf explained they can come and go as they please but they must fulfill treatment requirements in order to remain at the facility. Councilmember Wagner indicated she doesn't feel she has enough information to move forward with a decision and would like to continue this item. Councilmember Olsen asked if street lights could be installed in this area. Mayor Dietz indicated it is already on his list to ask Elk River Municipal Utilities. Councilmember Westgaatd agreed there is not enough information to approve or deny this request this evening. He shared some comments: He is not convinced the applicant met the criteria of #1 (safety). He understands no one wants this in their neighborhood but there is a need for this facility in our community. He added this is not about money but rather about whether the facility fits with the zoning and if the criteria of a conditional use permit can be met. He would like transparency from the applicant on criteria for the patient selection process. He doesn't want to work off extremes. He stated anybody can walk around a neighborhood and smoke and it isn't clear to him why this is an issue in this case. Councilmember Westgaard explained the city has control over conditions for the conditional use permit so he would like to make sure all applicable conditions are listed. He noted if this request is denied someone else could purchase the property and if a conditional use permit is not required the city has no control over what becomes of the property. He added most people with mental illness who need help are not a threat. Attorney Beck explained the city can statutorily continue this item for 60 days. Councilmember Wagner asked for it to be added to the January 7 work session. Attorney Beck indicated it may be difficult to pull the necessary information together by January 7 and suggested January 22. Council consensus was for Mr. Carlton to send the applicant a letter notifying them of the continuation of this item to January 22, 2019. The residents in attendance were informed of the continuation. Attorney Beck informed residents they may submit written comments to become part of the Council review. He stated comments must be submitted to the Planning Department within the next week or two. Councilmember Wagner explained to the residents the public hearing has been closed and the item is now for Council consideration. Councilmember Ovall thanked residents for attending. f01fR[R Rr NATURE City Council Minutes December 17, 2018 Page 8 Moved by Councilmember Westgaard and seconded by Councilmember Olsen directing staff to send the applicant a letter extending the review period an additional 60 days and continuing Council discussion on this item until January 22, 2019. Motion carried 5-0. Councilmember Wagner noted she would also like to discuss the public hearing notice requirements. 7.5 River Walk Apartments — 17354 Zane Street NW A. Right -of -Way Vacation: Zane Street NW B. Simple Plat: River Walk Mr. Carlton presented the staff report. Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the public hearing. Moved by Councilmember Westgaard and seconded by Councilmember Wagner to continue the request to vacate a portion of the Zane. Street Right - of -Way to the January 22, 2019, City Council meeting. Motion carried 5-0. Moved by Councilmember Westgaard and seconded by Councihnember Ovall to continue the request for approval of a Simple Plat to the January 22, 2019, City Council meeting. Motion carried 5-0. 8. General Business There was no general business. Council recessed at 7:59 p.m. in order to go into work session. Council reconvened at 8:00 p.m. 9.1 Multi -Purpose Facility Project Timing Discussion Mr. Portner presented the staff report. He distributed a handout outlining three options. Councilmember Ovall questioned if the options have been shared with the district superintendent. Mr. Portner stated he shared the information with Dr. Bittman last week and Dr. Bittman didn't see issues with any of the options as long as we continue to include the district in discussions. Councilmember Westgaard explained he would be in favor of option 2 as he believes it is the most favorable by keeping the design moving but not spending money on securing materials which could get expensive. O11AE1B1 INATURE RequestforAction To ItemNumber Mayorand CityCouncil 7.1 AgendaSection MeetingDate Prepared by General Business January 22, 2019 Zack Carlton, PlanningManager ItemDescription Reviewedby ConditionalUse Permit: ResCareMinnesota, PeterBeck, CityAttorney InstitutionalUseat633UplandAveNW Reviewedby CalPortner, CityAdministrator ActionRequested Approve, by motion, aConditionalUsePermit (CUP) toestablishanInstitutional Useat633Upland Ave NW, asthecriteria requiredforapproval aremetwith thefollowing conditions: 1. AcopyoftheIntensive Residential Treatment Services (IRTS) LicensefromtheStateofMinnesota mustbesubmittedtothecity. 2. Recordsof statecompliance inspections mustbesubmittedtothecity uponreceipt byResCare. 3. TheSAC/WAC Unitswillbe reviewedto decideifadditional feeswillneedto bepaidbased onthe changeinuse. Feeswillbeduebefore issuance ofabuilding permit. 4. Adesignatedsmokingarea outside ofthebuilding mustbeidentifiedonthesite plans. Alternatively, if theCityCouncildoesnotbelievethecriteriaforapprovalof aCUParesatisfied, the Councilshouldmake findingsoffactregardingthecriteriawhich arenotmetanddirectstafftopreparea resolution ofdenialsettingforththeFindings ofFactanddenyingtheCUP, foractiononFebruary 4, 2019. Specific reasons fordenialmustbeincluded. Background/Discussion OnDecember17, 2018, theCityCouncil discussedtherequest byResCareMinnesota toestablisha16- bedIntensive Residential Treatment withServices (IRTS) facilityat633Upland AveNW. During public hearingtheresidents asked anumberofquestions regardingResCare’soperationandnoted anumber of concerns aboutpotential impactstopublicsafety. Afterthe public hearingwasclosed, City Councildirected staff toconsult withthe police chiefregarding potentialsafety concerns. Councilalsoasked ResCare toprovide written responses tothequestions providedduringthepublic hearing. Afterthemeeting, staffgathered questionsabout ResCare andtheiroperationfrom residents, City Council, andother staff. Responses tothese questionsareincluded as anattachment. Additional attachments include location mapsforotherResCare Minnesota facilities, statementsfromtheapplicant, information ontheassessment foradmission toanIRTS facility, andemails, letters, orarticlessubmitted forinclusion inrecord. PatientAdmission Process Priortoadmission tothefacility, eachpotential patientfirst receivesaLevelofCareUtilization System TheElkRiver Vision Awelcomingcommunity withrevolutionary andspirited resourcefulness, exceptional service, andcommunity engagementthatencourages andinspires prosperity LOCUS) Assessment. Theassessmentiscompleted byamental health professional andhelpsdetermine thecareneedsofanindividual. Inorder forapatient tobeadmitted toanIRTSfacilitytheymustqualify asalevel 5. Additional admissioncriteriainclude: Aprimary diagnosis ofmentalillness asdetermined byadiagnostic assessment Acompleted functional assessmentusing thedomainsspecifiedinstatuteandhave threeormore areasofsignificant impairmentinfunctioning Acompleted LOCUSassessmentwhereaLevel 5isindicated Reasonably expected tocommence orresumeillnessmanagementand recoveryskillsorstrategies atthislevelofservice Needsa24-hour supervised, monitored andfocused treatment approachtoimprovefunctioning andavoidrelapse that would require ahigherleveloftreatment Isnotresponsive toanadequatetrial ofactive treatmentatalessintensive levelofcare Isatrisk ofsignificantfunctionaldeterioration ifIRTSarenotreceived Hasoneor moreof thefollowing: o Historyoftwoor moreinpatient hospitalizations inthe pastyear o Significantindependent living instability o Homelessness o Frequent useofmentalhealthandrelated servicesyieldingpooroutcomes inoutpatient or communitysupport treatment Registered SexOffenders Duringthepublichearing, theapplicant statedtheywouldnotacceptsexoffenders totheir facility. Inthe response receivedfromResCare theystatedthattheirfacilitywouldacceptlevel1andlevel2registered sexoffendersif theybelieve theperson wouldbenefit fromtheprogramandhavea history of functioning wellinthecommunity. ResCarestates that theywillnot acceptalevel3sex offender. There arethree levelsofregistration forsex offenders. Theindividual’slevelisrelatedtotheirlikelihood tore-offend andisestablishedaftercompletionofariskassessment. Theriskassessment iscompleted priorto theirrelease intothegeneralpublic. Additionally, asexoffenderthatisadmitted intoanIRTS facility, likethe oneproposed byResCare, willalsoneedtohaveadiagnosedmentalhealthcondition that meets thecriteriaforcareatthelocation. LevelIoffendershave ariskassessmentscorethatindicatesalowriskofre-offense. LevelIIoffendershaveariskassessmentscorethat indicatesamoderate riskofre-offense. LevelIIIoffendershaveariskassessmentscorethat indicatesahigh riskofre-offense. Alllevelsmust registerwiththeElkRiverPD, butonlylevel3 offenderstriggerapublic meeting. Locations andidentitiesoflevel1and2offenders are notmade public. Inthe timethepolice chief has beenwiththecitytherehasbeentwolevel3offendersmovetoElkRiver, neitherofwhicharestill locatedhere. AsofJanuary16, 2019, thereare41level1and2registered sexoffendersinthecity. Generally, apatient atthe ResCare facility whois required toregisterwiththecityasasexoffenderwill haveserved their criminalsentence, beenmonitored/treatedinaclinicalsetting, beforeadmittance tothis facilityafter meetingtheadmissioncriteria. N:\\PublicBodies\\AgendaPackets\\01-22-2019\\Final\\7.1SRResCare.docx Applicable Regulation InapprovingaCUP, theCouncil may imposesuchspecificconditions with regardtothedevelopment or operation oftheproposed use asitconsiders necessary tosatisfy thesevenstandards set forthinSection 30-654andtherequirementscontainedinthisarticleandtopromotecompatibility withandminimize anypotentially adverse effectsuponadjacent properties, theneighborhood or thecity. TheissuanceofaCUPcanbeordered onlyiftheuseattheproposed location: 1. Willnotendanger, injure ordetrimentally affecttheuseandenjoymentofother property in theimmediate vicinityor thepublic health, safety, morals, comfort, convenienceorgeneralwelfareoftheneighborhoodor thecity. Theproposed useisself-contained, regulated bythe StateofMinnesota, anddoesnotgenerate significant traffic. Afterdiscussion withthepolicedepartment, staffdetermined theproposed use doesnotposeasecurity threattothecity. The siteisadjacenttoHighway 10andhasaccesstoa signalized intersection. Mosttrafficgenerated bytheusewillutilizethisintersection. Forthese reasons, along withtheextensive visual screening, theuseisnotexpectedto detrimentallyaffect theuseandenjoymentoftheother propertiesinthearea. Staffdoesnotseeaneedtoimposespecific conditionstosatisfy thisstandard. 2. Willbeconsistentwiththecomprehensive plan. Theparcelandsurrounding areaareguided forresidential uses. Cityordinancesallow Institutional UseswithaCUPin allresidential districts. Theuseisconsistentwithourresidential zoning ordinance and isconsistent withtheComprehensive Plan. Staffdoesnotseeaneedtoimposespecific conditionstosatisfy thisstandard. 3. Willnotimpedethenormal andorderly development andimprovement ofsurrounding vacantproperty. Surrounding properties arefullydevelopedandusewillnotimpede thenormal andorderly development andimprovement ofsurroundingproperties. Staffdoesnotseeaneedtoimposespecific conditionstosatisfy thisstandard. 4. Willbeserved adequately byandwillnotadversely affectessentialpublicfacilitiesandservices including streets, policeandfireprotection, drainage, refusedisposal, water andsewersystems, parks andschools; andwillnot, in particular, create trafficcongestion orinterference withtrafficonadjacentandneighboring public thoroughfares. Thepolicedepartmentreviewedtheproposed useand policerecordsfromothercities withIRTS facilitiesoperated byResCare. Staffdoes notbelievethefacilitywilladversely impactpolice protection. Theuse mayincreasethe sewerandwateruseoftheproperty andtheSAC/WACunits willbere- evaluated at thetimeofbuildingpermitreview. Anyincrease inthenumber ofunits willneedto be paidpriortoissuance ofthe buildingpermit. Staffincluded aconditionaddressingchanges totheSAC/WACcalculations. 5. Willnotinvolve uses, activities, processes, materials, equipmentandconditionsof operation thatwillbe detrimental toanypersonsorpropertybecause ofexcessivetraffic, noise, smoke, fumes, glare, odors, dustorvibrations. N:\\PublicBodies\\AgendaPackets\\01-22-2019\\Final\\7.1SRResCare.docx Duetotheproximity toresidential areas, smokingbystaffandpatientsmaybecome anissue. Beyondsmoking, theusedoesnotinvolve anyactivities thatwoulddetrimentallyimpactany persons orproperty duetotraffic, noise, smoke, fumes, glare, odors, dust, orvibrations. Staffincludedacondition toworkwiththeapplicant onplacement ofadesignatedsmokingarea. 6. Willnot result inthedestruction, lossordamage ofanatural, scenic orhistoric featureofmajor importance. Theproposed useandchangestotheinteriorofthebuildingwillnotresultinthedestruction, loss ordamageofnatural, scenicorhistoric featuresofmajorimportance. Staffdoesnotseeaneedtoimposespecific conditionstosatisfy thisstandard. 7. Willfully comply withallother requirements of thisCode, including anyapplicablerequirements andstandards for theissuance ofalicense orpermittoestablishandoperate theproposed useinthe city. Theusewillfullycomply withallother requirements ofthis code, includinganyapplicable requirementsandstandards fortheissuanceofa licenseorpermittoestablishandoperate the proposed usein thecity. Staffdoesnotseeaneedtoimposespecific conditionstosatisfy thisstandard. Ifdenialofsuchapermit should occur, itshallaccompanyrecommendations ordeterminations by findings ora reportstatinghowtheproposedusedoesnotcomplywiththestandardssetforthinSection 30-654. FinancialImpact None Attachments CityCouncil packet datedDecember17, 2018 Introduction to ResCare Open LettertotheResidents of ElkRiver Questions andAnswers Admission Criteria Interviews withNeighborsofResCare Facilities ResCareIRTSLocationMaps SherburneCountyMemodatedDecember24, 2018 StarNewsArticledatedJanuary3, 2019 IRTS ProgramOverview LOCUSRecording Form PoliceReports fromBrooklyn Center PoliceReportsfromFridley PoliceReportsfrom Robbinsdale Group HomeLocation Map EmailsandLetters fromResidents N:\\PublicBodies\\AgendaPackets\\01-22-2019\\Final\\7.1SRResCare.docx Request forAction ToItem Number Mayor and City Council7.4 Agenda Section Meeting DatePrepared by PublicHearings December 17, 2018 Zack Carlton, Planning Manager Item Description Reviewedby Conditional UsePermit: InstitutionalUse, ResCare ChrisLeeseberg, Senior Planner MN –633Upland Ave Reviewedby CalPortner, CityAdministrator ActionRequested Approve, bymotion, theConditionalUsePermitauthorizing establishmentof anInstitutionalUse at633 UplandAveNW, withthefollowing conditions: 1.AcopyoftheIntensive Residential Treatment Services (IRTS) License fromtheState ofMinnesota mustbesubmittedtothecity. 2.TheSAC/WAC Units willbereviewedtodecideifadditional feeswill needtobepaid basedonthe changeinuse. Feeswillbeduebeforeissuanceofabuilding permit. 3.Adesignated smokingarea outside ofthebuildingmustbeidentified onthesite plans. Background/Discussion ResCareMinnesota isproposingtoconvert theformer Masonic Lodge buildingat633Upland AveNWtoanIntensive Residential Treatment Services (IRTS) facility. TheMinnesotaDepartmentof Human Servicesdefines IRTSfacilities as: time-limitedmentalhealth services provided inaresidential setting. Recipients ofIRTS are inneed ofmore restrictive settings (versuscommunity settings) andareatriskofsignificant functional deterioration iftheydonotreceive theseservices. IRTSaredesignedto developandenhance: psychiatric stability, personal andemotionaladjustment, self-sufficiency, andskillstolivein amoreindependent setting. Theusecomplieswiththeordinancedefinition ofanInstitutional Useasitisahealthcarefacility offering principally inpatientcare. Theapplicant’s narrativestates theaveragestay atthefacilitywill range from60 to90days. ThepropertyislocatedintheR-1c zoning district whichallows Institutional UsesasaConditionalUse. PlanningCommission TheCommission askedtheapplicantandtheirrepresentatives about frequencyofemergency responses, thetypesofpatientsbeing treated, andwhether ornotpatients arerequired toremain atthe facility. TheElkRiverVision Awelcoming community withrevolutionaryandspiritedresourcefulness,exceptional service, andcommunity engagement thatencourages andinspiresprosperity Theapplicant andtheirrepresentativesaddressed theCommission’sconcerns andprovided the following additional information regarding ResCare’sbackground, operations, andthepatients: ResCare isatransitional carefacilityforpatients returning tothecommunityafterhavingreceived hospital-basedtreatment. Staffare trained asfirstresponders andequipped tohandleemergency situations. Calls foremergencyresponsesvary, butaccordingto ResCare representatives ithasnotbeen an issueinthepast. Patientsarecontinually monitored andevaluated for concerns thatmay needto beaddressedinahospitalsetting. Patients aretreated foravariety ofemotional conditions andpsychiatric disordersregarding their thoughts, whichmayinclude suicidalorconfused thinking, which canpreventthemfrom functioning inthecommunity ina positiveway. Thepatient’sgoalisto regain skills andreceive support toreturn toindependent living. Patientscancomeandgoasthey pleasefrom thefacility, buttheytypically stayonsitebecause of alack ofpublictransportation services. Mary JoCobb, Sherburne CountyDirector ofHealth andHuman Servicesspokein supportof the project. ShedescribedtheneedforthistypeoffacilityinElkRiver andnotedthatpatientsinneedofthis typeof caresometimes havetotravel longdistances forafacilitytohelp themgetwell. Public Comments Oneresident spoke duringthepublichearing. She isconcernedabout safetyinherneighborhoodasa resultofthisfacility. Shestated thatherchildrenregularly bikepastthefacilityandisconcerned about theirsafety. Sheisopposedtotheproposed facility inherneighborhood. Staffhas alsoreceived twophone callsfromresidents withconcernsabout safetyinthe neighborhoodif this facilityisapproved. Recommendation TheCommission unanimouslyrecommended approvaloftheConditional UsePermittooperate an Institutional Useat633Upland Ave. Financial Impact None Attachments PlanningCommission PacketdatedNovember 27, 2018 N:\\Departments\\CommunityDevelopment\\Planning\\CaseFiles\\CUP\\CU18-19ResCareMN\\5-CityCouncil\\7.4srResCareCCMemo12-17- 2018.docx IntroductiontoResCare Wearethenation’slargestprivateproviderofservicestopeoplewithdisabilities; thelargestone-stopworkforce contractorandthelargestprivately-ownedhomecarecompany. ResCareoffersresidentialandsupportservices, education, vocationaltrainingandjobplacement forpeopleofallagesandskilllevels. ResCareResidential ServicesfocusesonpeoplewithdisabilitiesandyouthwithspecialneedsandResCareHomeCarehelpsseniors whowanttoageinplace. ResCareWorkforceServicesandResCare EducationandTrainingServicesprovide counseling, training, andjobplacementtopeopleofallageswithbarrierstoemployment. ResCarealsohasapharmacycalledPharmacyAlternativesthatservespeoplewhohaveanintellectualand developmentaldisabilities. PharmacyAlternativesisin31states, includingMinnesota. ResCareAssured isahomemonitoringservicetohelpseniorsandindividualswithintellectualordevelopmental disabilitiesremainsafelyintheirhomesandgainmoreindependence. Thisisanothercompanyownedby ResCare anditsservicesareusedinMinnesota. ResCareMinnesota, Inc. St. Paul TheSt. Pauloperationprimarilyservespeoplewhohaveintellectual anddevelopmental disabilitiesthoughthey doalsoservesomepeoplewhohaveamentalillness. Thisisoftenco-occurringwiththeintellectualand developmentaldisabilities. TheSt. Pauloperationsmanageabout 40smallgrouphomesthroughouttheeastand southmetroarea. ResCareMinnesota, Inc. BrooklynCenter Outspecificoperationworksexclusivelywithpersons whohaveamentalillness. Wearetheonlyoperationinall ofResCaretoexclusively servethispopulation. ResCareMinnesota, Inc. BrooklynCenterwaspurchasedfromaprivateproviderin2013. Thecompanyincluded NorthwestResidenceinBrooklyn Center (startedin1982), CommunityOptionsFridley (startedin1986), CommunityOptionsSt. Paul (startedin1996). In1990, SupportiveLivingServiceswasstartedinAnokaCountyto provideCaseManagement, butbythetimeofthepurchase, theprogramwasanAssertiveCommunityTreatment ACT) inHennepinCounty. Sincethepurchase, wehaveaddedthreemoreIntensiveResidential TreatmentPrograms (IRTS) located in HennepinCounty, RamseyCounty, andDakotaCounty. Inaddition, wehaveaddedanotherACTteamfor Hennepin Countyandaprogramthathelpsclientsfindhousing. Tohireandkeepgoodqualitystaffitisimportanttopayagoodwage. Duetotheprogramtype, wecanpaya higherwagethanmosttypesofsocialserviceprograms. Thisallows ustohiremorequalifiedstaff. Wealsohave aconsultingpsychiatrist whoprovidesconsultation fordifficultcases. HeiscurrentlyaneducatorattheUofM departmentofpsychiatryandconsultsthroughoutMinnesota. WehaveverbalagreementtoworkwithNystrom andAssociatestoprovide onlocationpsychiatricconsultation onaregularbasisforthepotentialprogram located at633UplandAvenue. WewouldcallthelocationResCareRecoveryResidence. Weprovide30hoursoftrainingpriortoanyonestartingatthelocation. Inaddition, weprovideagreatdealof ongoingcontinuingeducationforclinicalstaff. OpenLettertotheresidentsofUplandAvandTiptonCircleandAvneighborhood Oneofthegreatthingsaboutourcountryisthatpeoplegettospeaktheirmindsinapublicwayandwehadthat opportunityatthelasthearing. IimagineifitwasmyneighborhoodIwouldhavesomeofthesamequestionsyou haveandwouldhavewantedmyvoiceheardaswell. Ifweweretobehonoredtobeinyourneighborhood Iwouldliketomakesomecommitmentstoyou. WhileconstructionisbeingdoneIcanmeetwithyouasagrouporindividuallytodiscussyourconcernsandif thereareanyfurtheraccommodationswemightmaketotheproperty. IwillbeinElkRiveracoupledaysper weektoseehowtheconstructionisgoing. MydaughterherhusbandandmygrandchildrenliveinElkRiverandit willgivemeachancetoseethemandtake themouttoeat. Ishouldbeavailable. Priortotheopeningwewillsendoutaninvitation toouropenhouse whichwillbethedaypriortothestart. This willgiveyouanopportunity tomeetthestaffincludingtheClinicalDirector, whoIhopewecanhirefromthe communityofElkRiver. Bythenwewillhaveaphonenumber, soyouwillhaveanumbertocallwithany questions. Itwillalsogiveyouanopportunitytoseethechangeswehavemadetotheinsideofthebuildingand getsomerefreshment. Wearenotanticipating anyproblemsbutifthereareyoucancalltheClinicalDirector andifyoudonotbelieve yourconcernsarebeingaddressedyoucancalltheOperationsManager forthislocationandthenyoucanalways callme. Wewillkeepthepropertyupandthelawnmowedsowecanmakesureweblendintothecommunity. Wewillbespeakingtothepoliceandemergency responsepeopleastohowuseofemergencyvehiclescanbethe leastdisruptive tothecommunity. Wewillsetupprotocols basedonthose discussions. Itismyhopewecanworktogetherandmoveforward. ThomasR. Alf ExecutiveDirector ResCareMinnesota – BrooklynCenter Office: 763-277-1026 CellPhone: 612-490-8018 CU18-19: Request foraConditional UsePermittoOperate an InstitutionalUse at633UplandAveNW – Questions andResponses Citystaff compiledquestions received duringthepublichearingonDecember 17, 2018, andthose frommembers ofthepublicandCity Councilreceived afterthemeeting. Thequestions were forwardedtotheappropriate partyfor theirresponse. 1.Howmanyfacilities do theyhavenationwide? Howmanypatients nationwide? ResCare –Nationwide, wehave only6IRTSfacility andonlyintheBrooklyn Center Operation. Thisisstrictly aMinnesota fundedprogram. CityStaff –ResCare’swebsitestatesthey haveover 45,000employeesandservenearly 60,000 peopledailyin 42states, Canada, andPuerto Rico. 2. Willsex offenders beallowedintheElkRiverfacility? ResCare –Wewill nottakelevel3sex offenders. We may takealevel1or2ifwebelieve the person willbenefit fromtheprogram andhaveahistory offunctioningwellinthecommunity. Weconsiderthecurrent mixof clients, community theyliveinandstaff concerns. Itis important tonotethatmental Illnessneedstobetheprimaryreason fortheirpresenceinthe facility. Tomitigateanypotential concerns, wearewilldevelopafacility abuse andprevention plan. Inaddition, wewill needtodevelopanindividualabuse andprevention planforperson’s susceptibilitytoabusebyotherindividuals, including othervulnerable adultsand theclientsat riskofabusingothervulnerable adults. Wedevelop specificandongoingmeasuresto minimizetheriskofabuse toourclients. 3. Whatarethequalifications neededtobe apatientattheElkRiverfacility? ResCare – Admission requirements/process describedon separate attachment. CityStaff – ALOCUSAssessment (LevelofCareUtilization System) isrequired forallIRTS recipientsprior toadmission. Thestate providesthe following LOCUS description: Level ofCareUtilization System (LOCUS)– Effective October1, 2010, alevelofcare assessment oftherecipient usingtheLOCUSmust becompleted byamentalhealth professional oramentalhealthpractitionerwithclinical supervision, withinten daysofthe recipient’sadmission. If therecipient isassessedthrough LOCUSasneeding “medically monitored levelofservice” (level5), thissupportstherecipient’sneedforIRTS. Ifthe recipient isassessed tohave needs thatarenotat thislevel, theclinicalsupervisor must evaluateanddocument howtherecipient’sadmission toandcontinued servicesin IRTSis medically necessary. TheLOCUSassessment mustbecompletedatleastevery30days and withinfivecalendar dayspriortodischarge. TheLOCUS assessmentmustinclude thedate theassessmentwascompletedandthesignatureandtitleofthementalhealthprofessional whocompleted it. IftheLOCUSassessmentwascompleted byamentalhealthpractitioner, itmustbesignedanddated bythemental healthpractitioner whocompleted itandco- signed anddatedbytheclinical supervisor. 4. Whatistheselection criteriaforresident admittance? ResCare - Mostoftheinformationcanbefoundinouradmission criteria butIfyouareasking ifthere isaprocesstodeterminewhowillcomeinnextandifwediscriminate thenIcan answer thisbriefly. Assumingtheclient isclinically ready tocome weusually takethenext person onthelistbutdepending onthecurrentmixofclients wemay holdoffonadmitting someclients. 5.Couldthepatients be restrictedsothattheycouldnotleavetheResCare property inElk River? ResCare – Itis ourpractice toaskclientstostayonthepropertyforoneweek, sothey canget accustomed to thelocation, staff, otherclientsandourculture. Theclientshave manygroups toattend andonetoonemeetings withstaff, sotheyarekeptbusy. Someclients will participate inmealpreparation andcleanup. When theyleavethebuilding, theyneedtosign out, soweknowwhere theyaregoingduring thefreetime andwhenthey willbeback. Itis importanttonotewearenotalocked facility, butwewillhavesecuritycamerasattheexits andwilllockthedoorsatnightjustlikeeveryone elsedoes. Fromexperiencethishasnotbeen an issue. 6. WillallthepatientsattheElkRiverfacilitybefromElkRiverand therestofSherburne County? ResCare – No, butamajoritywillprobably comefrom thearea. Some willcomefrom other counties suchasBenton Sterns, WrightandAnoka. Dueto thisbeingaprimarilyMedicaid fundedprogram weareunder federal rulesandthoserulesdictate whoweshouldaccept. According totheagreement between Minnesota andtheUSgovernment wemusttakepeople fromanywhere inthestate ofMinnesota. 7. Whatarethelegalramifications forthe CityiftheResCareCUPisturned down? CityStaff – Aswehave discussedwiththeCityCouncil in thepast, conditional usesareuses thatare permitted, subjecttoconditions. ACUPfora conditional usecanonlybedeniedif there isalegally sufficientreason forthedenial, andthere isafactual basis tosupport that reason. Failuretomeet thestandards set forthinthe CityCodeforapproval ofaCUPisa legally sufficientreason fordenialoftheCUP. However, theremustbeafactual basisforthe determination thatthestandardisnot met, andthedetermination must bemadebased upon therecord beforetheCity Council – thetestimony andevidencepresented – and noton matters fromoutside therecord. Ineveryinstance when theCityCounciliscontemplatingthedenialofaCUPcitystaff’s recommendationisthattheCouncilmakespecificfindingsoffact, basedontherecord of testimony and evidencesubmittedand presented totheCouncilatthepublichearing, astothe standards thatarenotmet, andthefactualbasis forthedetermination thatthey arenotmet, anddirectstafftoputthosefindingsoffactinaformalresolution ofdenialoftheCUP, for actionbytheCouncil atafuturemeeting. Denial ofaCUPapplicationforreasonsthat arenotlegally sufficientand/ornotsupported by therecordbefore theCouncilwould subject thecitytopotential legalliabilityforthedenial. Themostlikelylegalremedy fortheapplicantwould beapprovaloftheCUPthroughthe courts, potentially withoutconditions. 8. Would itbelegalto place theResCare facility in the2.5acreresidentialzone inElk River? CityStaff – Allresidential zoningdistricts, includingtheR-1azone (2.5acreminimum), allow InstitutionalUseswithaCUP. 2 9.Would itbelegal to placetheResCare facility in thecommercial orindustrialinElk River? CityStaff – InstitutionalUsesareallowedwithaCUPin theC-1, C-2, andC-3zoningdistricts. TheDowntown zoningdistrictislimitedtoreligiousbasedInstitutional uses. Institutional Usesarenotpermitted inanyofthe Industrialzoning districts. 10. Doesthecityhavetoallow smokingon theResCarefacilityproperty? CityStaff – UnlesstheCityattachesacondition toaCUP prohibiting smoking ontheproperty, smokingwould beallowedonthisproperty justasitisonothernon-governmentalproperties, including thesinglefamilyproperties thatsurround theproperty. Toimposesuchacondition, theCitywouldhave tomake afinding thatwithoutacondition prohibiting smoking, the application doesnot meetthestandards forapprovalofaCUP. 11. Isn'tittruethattheCityofElkRiverwasnotexcited about seeingResCare landin theold school districtbuilding? CityStaff – ThecitywasnotifiedofResCare’sinterestinopeninganIRTSfacilityintheformer school district officebuilding indowntown ElkRiverin thespring/summer of 2017. On July 17, 2017, theCityCouncil discussedapossiblemoratorium onnewCUPsandzonechanges forthedowntownzoningdistrict, thelocationoftheoldschooldistrictbuilding. TheCouncil expressed concernsabout establishment ofnewusesthatmaynotbeagoodfitfordowntown asaresultofthebuildingbeingonthemarket, but didnot moveforwardwithamoratorium. 12. Is theElkRiverPolice Department satisfiedthatResCare willnotputanyextrapressure or callsonthedepartment? CityStaff – Thatisimpossibletoanswer. Looking atcallstatistics fromotherfacilities willonly giveasnapshotofwhat thatfacilityhasrequired forpolice intervention, butdoes not adequatelypredictwhatfutureneedswillbe. 13. Doesthepolicedepartment haveanyconcernsaboutthesafetyofthe neighborhood considering thetype ofpatients thatmightoccupytheResCarefacility? CityStaff – Thatisimpossibletoanswer. We cannot predict whattypes ofcallswewill encounter. 14.Itwasmentioned severaltimesinthepublichearingthatthecitywill makealotofmoney fromtheResCarefacility. Isthistrue? CityStaff – Thecity isnotawareofamechanisminwhich theCitywould makeanymoney fromaResCare facility, otherthanapossibleproperty taxincrease ifthebuilding isimproved andtheassessed valuegoesup. 15. IftheCUPis approveddoesResCare proposetobuythefacilityandproperty fromthe current owner? ResCare – Yes, thatisResCare’splan. Apurchase agreementhasbeen signed. 16. Howmanyviolentinstances have taken placeinthe otherMinnesota ResCare facilities inthe last three years? ResCare – The6facilities operatedbyResCare Minnesota – Brooklyn Centerhavenothad any alleged oractualactsofviolenceorharassment againstanyoneinthecommunity. 3 17.Whataboutstreetlights? ERMUstatedthatthere isastreetlightatTipton andUpland and one onTiptonCircle. Thatisalltheyareallowedaccording toERMUpolicy. ERMU – ERMU typically spacesstreetlightsnocloser than 300feet. Thecurrent lights are approximately530feetapart andathirdlightonthestreetwoulddeviatefromERMU’s midblock streetlight policy. 18. Will theResCarefacilityadversely affectpropertyvaluesintheneighborhood? Sherburne County – Since thiswouldbeauniquefacilitywithinSherburne County, there isno historical datatohelpSherburne Countydetermine a valuationimpact. County Assessors follow trends andiffuturesaleswere toindicate thatachangein valueis warranted inthis neighborhood (either upordown) wewouldreact accordingly. 19. Whatis thefrequency/likelihood ofpatientsto return toahospital settingafter admittanceto anIRTS facility? ResCare – 70% to80 % ofthosethat aredischarged positively arestilllivinginalessrestrictive setting after3months. Inotherwords, they arenotinthehospital, jailor some equally structured program. 20. ArethereanymentalillnessesthatResCareisnotequipped toassistpeoplewith? ResCare – Wedorefusepeopleadmissionintoourfacilities. Theusual reasonisthat the hospitalsare tryingto getthemdischarged toosoon. Ourultimate concern isto makesurethe clients, staffand communityaresafeandifthepotentialclient cangainfrom theprogram. We alsopayattention toclientmix. BythisImeanweneedto makesurewehaveapositivemilieu fortreatment andthere aresome personalitiesanddisorders thatcancreateproblems forthe milieuifthere aretoo manyinthe facility. This isnot asafetyissue forthecommunity as much asatreatmentissue. Overall, Ithink wecanworkwithabout anyonebut maychoose not toinsome certaincircumstances. 21. Whattypeofinitial andrecurring training doesonsitestaffreceive inhandlingcrisissituations? ResCare – Wehaveanational certifiedtrainer inCPIonstaffCPIstandsfortheCrisis Prevention Institute. Allstaffgettrained prior tohireandeveryyearofemployment. The trainerwill alsogoouttoaresidentifthereisaneedforfurther training andtoworkthrough anyproblemsituationsthat mighthaveoccurred. 22. Whatisthecurfew forpatientsstayingataResCarefacility? ResCare – Please note thatthese areadults, so wetrytotreatthem asadults andstillmaintain a positive milieu. Onweekdays itis 11andonweekends itismidnight. Many ofthe clients arein bedpriortothistimeso wehavemoreofaquiettimestarting anhour priortocurfew. Our program runs7days perweeksothere arealways groupsorindividual sessions 23. Whatarethecertifications andtraining requirements forStaffatthisFacility? ResCare – Thisis ourplan isforstaffing: 3.3 FTELicensed staff 2RNs 1master’slevelnon-licensed staff 1LicensedAlcohol andDrugCounselor 1 Certified PeerSpecialist 4 13bachelor’sdegreeswithenoughexperience to beconsidered apractitioner orpeople without adegree whohave manyyearsof adultmentalhealthexperienceandwhocan meet the requirements ofamentalhealthpractitioner. We mayhiresome awakenightstaff withlimitedexperience toworkalongside oftheotherswithmoreexperience. 8FTECook Alltheprograms sharea maintenance person forrepairs There willbe additional oversiteby theExecutiveDirectorandthe ResidentialClinical Operations Managerwhoarebothlicensed Weplanto contract withNystrom andAssociatesfor a .04FTEpsychiatrist. Theyhave agreed inprincipaltosetupacontract 24. What zoningdistricts areotherResCareMinnesota facilitylocated in? CityStaff –ResCare operates sixIRTS facilities inMinnesota. Robbinsdale –B3 (Highway Commercial) BrooklynCenter – R4 (Multiple FamilyResidence) Fridley – R3 (GeneralResidentialMultipleUnits) WestSt. Paul – R2 (TwoFamily Residential) St. Paul (OldHudson Road) – T2 (Traditional Neighborhood) St. Paul (RiceStreet) – RM2 (MultipleFamily) Theproposed ElkRiversite iszoned R-1c (Single-Family Residential) 25. Howmanypolicecalls haveotherResCareIRTSfacilitieshadin 2018? CityStaff – Policecallsfor fourofthesixIRTSfacilities during 2018: Robbinsdale – 86 (~1.6 perweek) BrooklynCenter – 81 (~1.6 perweek) Fridley – 61 (~1.2perweek) WestSt. Paul – 23 (~0.4 perweek) Comparatively, WalMart inElkRiverhad626callstothePDin2018 (~12perweek) 26. Whatactivities dotheresidentsparticipateinduringtheday? CityStaff – Thefacility willinclude programing forresidentsseven daysperweek. Programming typically includeseighthoursMonday – Friday and fourhours perdaySaturday andSunday. 27. WhatdoesSherburne County payperdaywhenanIRTSbedisnotavailableforapatientthat hasmetthe qualifications? WhatdidSherburne Countypayin2018forthischarge? Sherburne County - Sherburne County ischarged $1,400/daywhenapersonnolonger meets criteriaforhospitallevelof careandthere arenot anyIRTSbeds/facilities available. Generally speaking, peoplewhonolongermeetcriteria forhospital levelofcaregotoIRTS facilities. In2018, SherburneCounty paid $141,685.00forsituations where apersonnolongermetthe criteria tostayinahospital butwas notable tobetransferredan IRTSfacility. 5 Additional ResCareprovided questions andanswers 28. Therewasaquestion aboutthenumberofpolicecallsandthefrequency. ResCare –Whiletherearesome ateachlocationwetryto keepthem limitedandwillworkwith thepolicedepartmenttocome upwithaplan tolimitthedisruptiontothecommunity. 29. AWOLs (Absent WithoutLeave) ResCare –Wearerequiredtocallpoliceifthere isamissingpersonafter24 hoursbecausethey arevulnerableadultsunderthelaw. Ithink most peoplewillnotbegonefromthefacility sincethere islimitedtransportation. When theydoleaveitwillbepurposeful inthat itwill be toseefamily orfriendsandfamily orgoforawalkwithstaff andreturn. 30. Therewas anotherquestion aboutResCare’ssmokingpolicy. ResCare –Wedonotallowsmokinginthebuilding butdonotbansmokingontheproperty. Wewillprovideadesignatedsmoking areaandwillbuild ashelter forthemwithafence. We doworkwith theclients onsmoking cessationwith theuseofpatches andother helpful medications availableifthepersonwants toquit. Forclientswhohave amentalillnessitisa wayto copewithsymptoms andwehave chosen nottotakethat awayfromthem. Ispoke withoneclientwhosaidhe isworking onsobriety andstrugglingwiththatandtotakeon smokingcessationtoowould bemorethathecouldmanage. 6 AdmissionCriteria AdmissionCriteria:Individualsconsideredforplacementmusthaveadiagnosisofaserious andpersistentmental illnessby aMental HealthProfessional.Noindividualisdiscriminated againstinadmission, provisionofservices,orterminationbecauseofrace, color,national origin,religion, gender,physicalhandicap, sexualpreference,maritalstatus,orpublic assistancestatus. Applicantsseekingadmissiontotheresidential treatment/rehabilitationprogramwillmeet followingcriteria: someorallthe 1) IndividualhasamentalillnessasdefinedincomprehensivementalhealthactMINN. Statues245.461. Subd.20.(a): 2) Those onaprovisional dischargeorstayofcommitmentwhohavethe potential ofself-harm maybeappropriateforthislevelofserviceiftheprogramdeterminesthisserviceprovides adequatestructureandtherearesufficientsupport systemsinplaceinthecommunityand safetyofothersisconsidered; 3)Individualcanreasonablybeexpectedtocommenceorresumeillnessmanagementandrecovery skills/strategiesatthislevelofserviceandneeds24-hoursupervisedandmonitoredandfocused treatment approachtoaccomplishthisimprovementinfunctioningandavoidrelapserequiringa higherlevelofcare; Individualsymptomsaredifficult tomanage,orclearlyinappropriatefor,activetreatmentsatalesser5) levelofcare; 6) Individualneedsarestrictivesettingandisatriskofsignificantfunctionaldeteriorationifintensive residential treatmentservicesarenotreceived. 7) Individualhasoneormoreofthefollowing: Ahistoryreoccurring orprolongedinpatienthospitalizationsinthepastyear Significantindependentlivinginstability Homelessness Veryfrequentuse ofmentalhealthandrelatedservicesyieldingpooroutcomesinoutpatient communitysupporttreatment 8) Individual,inthewrittenopinionofalicensedmentalhealthprofessionalandin consultationwith thementalhealthcasemanager,hastheneedformentalhealthservicesthatcannot bemet with ortheindividualislikelytoexperience amentalhealthotheravailablecommunity-basedservices crisisorrequireamorerestrictivesettingifintensive rehabilitativementalhealthservicesarenot provided 9) Applicantsmustnotneedspecializeddietand/ornursingcare. 10)Reviewofstaffingpatternsandcompetenciesofstaffresultinadeterminationthattheprogramcan meettheneedsofapersonseekingadmission OtherDiagnostic CategoriesandClassificationsweWillAcceptthatareSecondary toMentalIllness 1)Wewill takeclientswhohaveasecondary diagnosisofchemicaldependency aslongasthey are appropriate totheprogram. 2)Wehavetakenpeoplewho haveasecondarydiagnosis ofdifferent personalitydisorders depending on theclient mixandourabilitytoworkwiththem 3)Wemay takesomepeoplewho haveamild TBIsecondarytomentalillnessdepending the client’sabilitytogainfromtheprogram. 4)AccordingtopolicyattheMinnesota DepartmentofHumanServiceswecannottakelevel3 sexoffenders. Wemay takealevel1or2ifwebelievethe personwill benefitfromthe program andhavea history offunctioning wellinthecommunity. Wetrytoconsider thecurrent mixofclients andthecommunity theylivein. Itisimportant tonotethatmentalIllnessneedsto betheprimary reasonfortheirpresenceinthefacility Clients withFeloniesandGrossMisdemeanors It wouldbeimpossible tosaywewillnevertakea personwithafelonyor GrossMisdemeanorsince theymaynot tellus, andthe criminalchargescouldbe inadifferentstate. Therecords maynot showwhathappenedinanother stateoreveninMinnesota.Itis safetosaywewillfromtimetotime takeaclientwho hasaFelony orGrossMisdemeanor Clientscriminal pastsoftheclientsweserve issecondarymental illness Ifrecords andinterview indicate thispersonisacurrent threattoourstafforcommunity, wewillnot take thatclient. Thisisthecaseifthepersonhasafelony or not. Wehaveworkedwithhundredsof clientsovertheyearswehave beena partofResCareandat notimewassomeone fromthe communityhurtorharassed. Whowewillnottake Wewillnottakeclientswhoareclassified asMentallyIllandDangerous InterviewswithNeighbors Page1of2 Wehaveprovidedyouwithaerialphotographsofthe5IRTSlocationslocatedinpartialorfullyresidential neighborhoods. AsyoucanseethepropertiesaremuchdenserthantheUplandneighborhood.Someofthe buildingarelessthan25feetapart. Wedecidedtocompleteacanvasoftheneighborhoodfocusingonthepropertiesclosesttothetreatmentcenters. Theneighborswereaskediftherewereanyproblemsorcomments theywouldliketomakerelatedtoour presenceintheneighborhood. Someoftheneighborswerenottheresowedidgobackbutstillcouldnotreach them. Belowisasummaryoftheirresponses NorthwestResidence startedin1982 Thepropertytothewestisarentalpropertyandnoonelivingtherenow. ThepropertytotheeastisabusinessandtheyhavenoproblemswithNorthwestResidenceortheclientswe serve. Theyhaveseenfittohireoneofourclientsknowingtheindividualcamefromourlocation(6901 BrooklynBlvdBrooklynCenter) TransitionsonBroadwayinRobbinsdalestartedin2015 Thepeopleinthesingle-familyhome totheEastofthelocationcoveredbytreessaidtherehavebeenno problemswiththeclients(3755BottineauAvRobbinsdale) Thepeopleinthehomeacrossthestreetdidnotevenknowitwasagrouphomebuthavehadnoproblems 3761WBroadway, Robbinsdale) Wecontact2business, onetothenorthandonetothesouthandneitheronehadnegativeorconcerning commenttosay. Theownerofoneofthebusinesssaidhehadbeeninvitedtoseetheplaceandwasgiven a tour. Thestaffandclientswerepolite(3810WestBroadwayand3755WestBroadway) CommunityOptionsFridleyinFridleystartedin1986 Jackie-nextdoorsideofhousestatedit’snottoobad…Theindividualwasinahurrysowewillcallbackinthe thfuture(53075StreetNEFridley, Minnesota55421) RonbehindCOFacrossthealleysidebyfourthstreetstated “Ithinkithasbeenok, Ilivedherefor7years nowandonlyhadonebreakinintomycaronce. Butitislikethatinanyneighborhood, youjustneedto thremembertolockyourcar”. (Noresidentofourswasaccusedofthebreakin)(53474StNEFridley, Minnesota 55421) ththWarren-theapartmentacross54and5streetstated,“Iamfine, Ihaven’thadanyproblemsorconcerns thStreetNEapartment2Fridley, Minnesota 55421) withanybody”(54005 rdstated “honestlyIwouldratherliveneartheprogramlikethatwhereDebfromtheneighborhood-across53 thereissupervision thanwithoneofmyotherneighborswhodoesnothavementalhealthandthinkshecan thdowhateverhewants(53204StreetNEFridley, Minnesota55421) CommunityOptionsStPaul1995 Emilythemanageroftheapartmentnextdoorstatedthatshehasnoproblems withusandthinksitisgreatto benextdoortoafacilitywith24/hrsupportandourstaffhavebeengreat(1595RiceStSt. PaulMN) Arestaurant nearbysaidtherewasaproblemabout2to3yearsagobutnothingbeforeorafterandthe problemwasresolved (1535RiceStSt. Paul) Visitedsinglefamily homebehindtheprogramandwastoldtherewerenoproblems(1585Albemarle StSt. Paul) Visitedasingle-familyhomealsobehindtheprogramat (1577Albemarle, StPaulMN) InterviewswithNeighbors Page2of2 LivingstonResidence 1985 Neighbor1: Thiswasacouple, whenaskediftheyhadanyfeedbackabouttheclientsinourprogramthe neighborstatedtherewerenoissuesandthattheclient’ssticktothemselves(65AmeliaAve, WestSt. Paul, MN55118) Neighbor2: Statedthatshehaslivedintheneighborhoodfor25yearsandthattheonlyissueshe’snoticed wasthatinthepastclientsparkedonherstreet (sidestreet) anddidn’tmovetheircarsoftenenough. The problemwasthatifthereweretoomanycarsparkedonthestreettheplowscan’tclearthesnowinthewinter. Shehasinterreactedwithclientswhentheywentonwalksintheneighborhoodandstatedthathavebeen veryfriendly”(61AmeliaAve, WestSt. Paul, MN55118) Neighbor3: Stated thathehadnoconcernsandnothing negativetosay. Statedhehadnootherfeedback(60 AmeliaAve, WestSt. Paul, MN55118) Neighbor4: Concernmentioned: Clientshavesatontheretainingwalloftheneighboracrossthestreet. They weremakingphonecallsandwaitingforrides. Thisneighboralsostatedthattheydon’tlikewhenpeoplepark ontheLivingstonstreetitselfbecausethereisanoparkingsignposted. (Note: Casemanagers, utility companies, visitors, andstaffhavemadethismistakebefore, rarelywouldthisbeaclientparkingon Livingston Avesinceveryfewhavecarsandwedonotallowthemsinceparkingissolimited)(1303 LivingstonAve, WestSt. Paul, MN55118) Intensive ResidentialTreatment Service (IRTS)Overview– MNDepartment ofHumanServices Intensiveresidential treatment services (IRTS)aretime-limitedmentalhealth servicesprovided inaresidential setting. RecipientsofIRTSareinneed ofstructure andassistancefrom 24-hour mentalhealthstaff andatriskofsignificant functional deteriorationiftheydonotreceivethese services. IRTSaredesignedtodevelopand enhance thefollowing: Psychiatricstability Personalandemotional adjustment Self-sufficiency Skillstoliveinamoreindependent setting IRTSmustbe: Directedto atargeteddischargedatewithspecified recipientoutcomes Consistentwithevidence-based practices EligibleIRTSProviders AnIRTS facilitymust complywiththefollowing: Belicensed withtheRule 36Variance (PDF) Notexceed 16beds Haveacontractwiththehostcounty agency, whichapprovestheIRTSservice HavearateapprovedbyDHS IRTS treatment teammembersmust bequalifiedinoneofthefollowingmental health professional roles: Mental healthpractitioner Certified peerspecialist Mentalhealth rehabilitation worker Registered nurse whoisalsoqualified asamentalhealth practitioner IRTSproviders musthave: Sufficient stafffor24-hour deliveryofmentalhealthservices, asdescribed inthe recipient’s individualtreatmentplan (ITP) Staffavailabletosafely monitor andassistwithactivitiesof recipients Thecapacity torespondtoemergent needsandmakestaffingadjustmentstoassurethe health andsafetyofrecipients. Thisincludes providing medicalservicesdirectly (through its own medicalstaff) orindirectly (throughreferral tomedicalprofessionals) Treatment staffmusthavepromptaccess, inperson orbytelephone, toamental healthprofessional oraqualified mentalhealthpractitioner. AnIRTS providermustensure that theprogrammeetsthe following minimumrequirements: Staffareavailableto provide guidanceandmonitoringwhenever recipients arepresentinthe facility Staff remainawake during allworkhours Astaffingratioofatleastonestafftoninerecipientseachdayand eveningshift Atleastonestaffmemberisamental health professionalorpractitionerifmorethannine recipientsare present EligibleRecipients AneligibleIRTSrecipientmustmeetthefollowing: Be18years old orolder BeeligibleforMA Meet theIRTS admissioncriteria Individuals whoare 17yearsoldandtransitioning to adultmental healthservicesmaybe considered for IRTSiftheservice isdetermined tobestmeettheirneeds. IRTS providersmustsecure a licensingvariance inthissituation. Recipients mayreceiveIRTSinsteadofhospitalization, ifappropriate. IRTSAdmissionCriteria AdmitarecipienttoIRTSwhenamentalhealth professional determines therecipientmeets the following: Hasa primarydiagnosisofmental illness asdetermined byadiagnostic assessment Hasa completed functionalassessmentusingthedomainsspecifiedinstatute andhavethree ormoreareasofsignificant impairment in functioning Hasa completed LOCUSassessment where aLevel5 isindicated Isreasonablyexpected tocommenceor resumeillnessmanagementand recoveryskillsor strategies atthislevelofservice Needsa 24-hoursupervised, monitored andfocused treatment approach toimprove functioningandavoidrelapse thatwouldrequireahigherleveloftreatment Isnotresponsive toan adequatetrialofactive treatment atalessintensive levelofcare Isatriskofsignificant functionaldeterioration ifIRTSare notreceived Hasone ormoreofthefollowing: Historyoftwoormoreinpatient hospitalizations inthepast year Significant independentlivinginstability Homelessness Frequent useofmentalhealthandrelatedservices yieldingpooroutcomesinoutpatient or communitysupport treatment Theprofessionalmay consultwith therecipient’s: Mentalhealthcasemanager Countyadvocate Spouse, familymemberorsignificant other (withrecipient’s consent) IRTSContinuingStay Criteria Continuethe recipient’sstayinIRTSwhenamentalhealthprofessional determinesthe recipient meets allofthefollowing criteria: The recipient’s mental healthneeds cannotbemetbyother lessintensive community-based services Therecipient continues tomeet admission criteriaasevidenced by activepsychiatric symptomsandcontinued functional impairment Documentation indicates thatsymptomsarereduced, butdischarge criteria have notbeen met Theessentialgoalsareexpectedtobeaccomplished withintherequested timeframe Attempts tocoordinate care andtransitiontherecipienttootherservices have been documented IRTSDischargeCriteria Discharge arecipientfromIRTSwhentherecipientmeetsatleastone ofthe following: Nolonger meetscontinuing staycriteria HasmetITP goalsandobjectives Showsevidenceofdecreased impairment andappropriate, lessrestrictivecommunity-based alternatives exist Hassymptoms andneedsthat permitalesser level ofserviceand adequate supports and servicesareinplace IsvoluntarilyinvolvedinhisorherITP andnolongeragrees toparticipate intheIRTS services Exhibits severeexacerbation ofsymptoms, decreased functioning, disruptive ordangerous behaviors andrequiresamore intensivelevel ofservice Hasmedicalorphysicalhealthneedsthatexceed whatcan bebrought intothe residential treatmentsetting Does notparticipateintheprogramdespite multiple attempts toengage himorherandto addressnonparticipation issues Doesnotmakeprogress towardtreatmentgoals andthere isno reasonableexpectation that progresswillbemade Leavesagainstmedical advice foranextendedperiod (determinedby writtenprocedures of provideragency) CoveredServices PlanandcoordinateIRTS withthelocal mentalhealth servicedelivery system. Recipientsmay access andreceiveservices fromtheprogram outside ofthe facilitywhenitwouldbenefitthe continuityoftreatmentandtransition tothecommunity. Thefollowingservices mustbeavailable andoffered aspartoftheprogram design: Supervision anddirection Individualized assessment andtreatmentplanning Crisis assistance, developmentofhealth caredirectivesandcrisis preventionplans Nursingservices Interagency casecoordination Transition anddischargeplanning Livingskillsdevelopment, including: Medication self-administration Healthyliving Household management Cookingandnutrition Budgetingandshopping Using transportation Employment-relatedskills Integrated dualdiagnosistreatment (mental health and substanceabusescreeningand assessment, withateam approach. Assesses treatment readiness, usesmotivational interviewing andanon-confrontational approach) Illness management and recovery (educating about mentalillnessand treatmentincluding characteristicsymptomsandearlywarning signsof relapse, managingstress anddeveloping relapseprevention plans, developing coping skillsandstrategies forcopingwithsymptoms, developing social skillstoimprove effectivenessininteractions across arange ofsettingsand situations, andidentifying therapeuticandrehabilitative approaches availabletorecipients, suchas DBTor treatmentforOCD) Familyeducation (services toeducate, inform, assist andsupportfamilymembers inmental healthillnessandtreatment, copingmechanisms, medication, community resources) Authorization Providersmustrequest authorizationforservicesexceedingthe90-daylimit. Ifarecipientis readmitted toanIRTS within 15daysof discharge, thereadmission countstoward the90-daylimit. Torequest authorization, submitthefollowing: MHCPAuthorization Form (DHS-4695) (PDF) (exceptwhen usingMN–ITS) Adult Mental HealthRehabilitative ServicesAuthorization Form (DHS-4159A) (PDF) Mostcurrentdiagnostic assessment Currentfunctional assessment Current interpretive summary LOCUS EIT.735:.FOH+ EIT.735:.FOH!7.27 MPDVT!Sfdpsejoh!Gpsn EBUF!PG!BTTFTTNFOUEJBHOPTJT SFDJQJFOU!EBUF!PG!CJSUISFDJQJFOU!HFOEFSSFDJQJFOU!QNJ!ps!TPDJBM!TFDVSJUZ!OVNCFS Nbmf!!!!!Gfnbmf QSPWJEFS!OBNFQSPWJEFS!OQJTFSWJDF!UZQF BDUVBM!MFWFM!PG!DBSF!QSPWJEFE TFSWJDF)T*!SFDJQJFOU!JT!SFDFJWJOH!PS!SFGFSSFE!UP SFBTPO!GPS!WBSJBODF!)jg!bqqmjdbcmf* J/!Sjtl!pg!IbsnJW.C/!Sfdpwfsz!Fowjsponfou!Mfwfm!pg!tvqqpsu 2/!Njojnbm!!2/!Ijhimz!Tvqqpsujwf! 3/!Mpx!!3/!Tvqqpsujwf! 4/!Npefsbuf!!4/!Mjnjufe!Tvqqpsu! 5/!Tfsjpvt!!5/!Njojnbm!Tvqqpsu! 6/!Fyusfnf!!!6/!Op!Tvqqpsu! 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Joefqfoefou!Dsjufsjb!jt!joejdbufe!uibu!sfrvjsft! Bduvbm!Mfwfm!pg!Dbsf benjttjpo!up!b!Mfwfm!6!ps!Mfwfm!7!tfswjdf/!Ju!nbz! Xibu!jt!uif!bduvbm!Mfwfm!pg!Dbsf!uif!sfdjqjfou!jt! sfdfjwjoh@!Xsjuf!uif!bduvbm!obnf!pg!uif!mfwfm!)j/f/! Nfejdbmmz!Npojupsfe!Opo.Sftjefoujbm*/!Ju!nbz! bqqspqsjbuf!uibo!xibu!uif!dpnqmfufe!MPDVT! opu!ofdfttbsjmz!cf!uif!tbnf!bt!uif!Mfwfm!pg!Dbsf! bttfttnfou!sfdpnnfoet/ Sfdpnnfoebujpo jg!b!wbsjbodf!jt!cfjoh!nbef/ Tjhobuvsf!tqbdft Tfswjdf0Qsphsbn!Sfgfssfe!up Tjhobuvsf!tqbdft!bsf!mpdbufe!bu!uif!cpuupn!pg!uif!qbhf! Xsjuf!uif!dvssfou!qsphsbn)t*!sfdjqjfou!jt!jo!ps!xibu! po!uif!MPDVT!Sfdpsejoh!Gpsn/!Jg!b!Nfoubm!Ifbmui! qsphsbn)t*!sfdjqjfou!ibt!cffo!sfgfssfe!up!)fybnqmf;! Sfibc*!Qspgfttjpobm!jt!dpnqmfujoh!uif!MPDVT! BSNIT-!Ebz!Usfbunfou-!Dbtf!Nbobhfnfou-! bttfttnfou-!uifsf!epft!opu!offe!up!cf!b!tjhobuvsf!cz!b! Qtzdijbusz-!ipvtjoh!qsphsbnt-!fud/*/!Qmfbtf!lffq!jo!njoe! dmjojdbm!tvqfswjtps/! uibu!uifsf!nbz!cf!nvmujqmf!tfswjdft!vtfe!up!sfbdi!bo! joejwjevbmt!sftpvsdf!joufotjuz!offet/ MPDVT!Sfdpsejoh!Gpsn-!xifsf!uif!ejnfotjpobm!tdpsft-!dsjufsjb-!dpnqptjuf!tdpsf!boe!mfwfm!pg!dbsf!sfdpnnfoebujpo!ibwf!cffo!epdvnfoufe-! joup!zpvs!fmfduspojd!nfejdbm!sfdpse/ From: Kathy Forbes <kathyforbes52@gmail.com> Date: January2, 2019at 9:58:54AM CST To: <john.dietz@elkrivermn.gov>, <garrett.christianson@elkrivermn.gov>, nate.ovall@elkrivermn.gov>, <jennifer.wagner@elkrivermn.gov>, matt.westgaard@elkrivermn.gov> Subject: Proposed ResCareFacilityonTipton Circle Dear MayorDietz, andMembersoftheCityCouncil Mynameis KathyForbes and Iamapropertyowner at1797Tipton CircleUnit105inElk River. IattendedtheDecember 17, 2018CityCouncil meeting. Iappreciateverymuchthatat theconclusionofthemeeting, thedecisiontoextend thetimeline foravotetoallowthe establishment ofaResCarefacilityonTipton Circlewasextended. Iboughtmytownhomeandmoved toElkRiverinAugust2017. OneofthemainreasonsI boughthereisbecauseitappearedandhasprovento beasafe, quiet, andwellestablished residentialneighborhood. Beingawidowedsenior, thoseattributesareimportant tome. At thecouncilmeeting, I listenedtoseveralconcerned neighbors whospokeabout, and expressedahighlevelofconcern regardingthe safetyand integrityofourneighborhood being compromised byallowing thefacility toopenhere. Idid notspeakat themeeting because, as I didagree withtheirconcerns, Iwanted to gathersome additional informationaboutResCare. Oneofthespeakerspromoting establishment ofthefacility, whoalsoindicated thatheisan employee oftheResCare facility inRobbinsdale, stated thatthese facilitiesarelocatedin primarilyresidential areas. Inmyresearch, IfoundthatthefacilityinRobbinsdale isin, what appears onGoogle maps, aneighborhood ofbusinessesandrentalapartmentproperties. Idid notsee anysinglefamilyhomes intheimmediate area. AlsoonGooglemaps, the facilityin Brooklyn Centerappears to beinaneighborhood surroundedbybusinessesin stripmalls. The facilityinFridleydoesappeartobeinaresidential area. Inaddition, Ireachedout tothepolice departmentswhoserve the ResCare facilities in Brooklyn Center, Fridleyand Robbinsdale. Isimplyasked eachdepartment iftheycould providemedataonthenumberofcallsthey havereceivedfromthese respective ResCare locationssincethebeginningof2018. AfterhearingfromtheResCare representatives atthe meetingthattheintegrity ofourneighborhood wouldnotbecompromisedbythefacility, I wasquite astoundedattheresults Ireceivedfromtherespectivepolice departments. Thenumberofcallsrangefrom 61calls fromthefacilityinFridley, to81callsfrom the Brooklyn Center location, to86calls fromtheRobbinsdale facility. Iamalsoattachingthe documents Ireceived fromthese Policedepartments supporting thedata. IstheElkRiver PoliceDepartmentstaffedtotake onthisadditional volume? Thepoint Iamtrying toconvey toallofyou inthisletter, isthatwith theestablishmentof thisfacilityinmy neighborhood, Iwouldnolongerfeelsafe andactually feelthreatened. I am inagreement thatthereisaneedforthistypeoffacilityhowever, asmany ofmyneighbors haveexpressed, bettersuitedforanotherarea ofthecity/county. Thankyouforyourtimeandconsideration, KathyForbes 1797 TiptoncircleNWUnit105, ElkRiver From: SueHebeisen <smh3265@gmail.com> Date: January 4, 2019at12:51:03 PM CST To: <john.dietz@elkrivermn.gov>, <garrett.christianson@elkrivermn.gov>, nate.ovall@elkrivermn.gov>, <jennifer.wagner@elkrivermn.gov>, matt.westgaard@elkrivermn.gov> Subject: ProposedResCareFacility onTipton Circle Weapologize forthis2ndemail, but wehopeyouwillreadittocompletion as our1stemailwas somehow sentautomaticallybefore wehadfinished it. Ournames areDoug & SueHebeisenandwecurrently areproperty ownersat1797Tipton Circle, Unit107inElkRiver. WebothattendedtheDecember 17, 2018CityCouncil meeting. We appreciatedyourwillingness toextendthetimelineforyourvoteso thatyoucould researchand obtainmore information regarding thisproposalfortheResCareFacility onTiptonCircle. Wehavebeen residents atthislocationfor19years. Wehave alwaysfeltSAFEinthissingle family neighborhood. Oneofthe criteria foroccupancy forthisbusinesswasthatit would NOTCHANGE THESAFETYOFOUR NEIGHBORHOOD, whichwethinkit WILL. Wewishto reference our neighbors investigation, whohasalreadyemailed you withall ofthedatashe obtained fromthe police departments locatedinotherexisting ResCare facilitiesinMinnesota for2018. THESENUMBERS WERE SHOCKINGTOUS! There were61 Policecallsjustin2018fromtheFridleyfacility, also81 callsfromtheBrooklynCenterfacility, andanother86callsfromtheRobbinsdale facility. Itclearly demonstratesthelackofcontrol ResCarehas regardingtheirfacilities. Duringthe Decembermeeting therepresentatives hadadifficulttimeexplaininghow & Ifthey canmanagetheirpatients. As membersoftheCityCouncil youwerealsogivenfolders thatdocumented thequality ifthis corporation. Assenior citizenslivinginthisneighborhoodweareconcernedthatthis isan inappropriate facility forthis location! Inlistening atthemeetingtoMaryJoCobb, thedirectorofHealth and Human Servicesfor Sherburne Countyweclearly canseeaneedforthistype offacility. However, exposing young children, schoolbusstops, vulnerable senior citizens, ect. leadusto theconclusion thatthislocation isINAPPROPRIATE! ThereMUST BEA BETTERFITforthisfacilitywithin theCityofElkRiver orSherburne County. Wethank youforyourconsideration inthismatter. Doug & SueHebeisen 1797TiptonCircle, Unit107 ElkRiver, MN CityCouncilMembers, Wearewritinginprotest ofaConditionalUsePermit, bya companycalledResCare, toopena 16bedtransitional facility intheoldMasonic Lodge buildingatthecorner ofTipton Circle. According toa ResCarerepresentative, patientsatthisfacility wouldbediagnosed withSevere andPersistent MentalIllnesses. Seriousandpersistent mentalillness, (SPMI), is agroupofsevere mentalhealthdisorders as defined intheDiagnostic andStatisticalManualusedbymental health professionals to diagnose clients. TheSPMIcategory includes MajorDepression, Bipolar Disorders, Schizophrenia andBorderlinePersonality Disorder. Thesedisorderstendtobedisabling andtherapy involvesa team. Thispopulationisveryunpredictableandwillposeathreattoourfamilies, neighbors, and community.Inordertobe granteda Conditional UsePermit, thereareseveral conditionsthat must bemet. Wefeelverystrongly that ResCare cannotmeet condition1: “Willnot endanger, injure ordetrimentallyaffectthe useandenjoymentofotherproperty inthe immediate vicinityorthe publichealth, safety, morals, comfort, convenienceorgeneral welfare of theneighborhoodor thecity” Atarecent CityCouncilmeeting, manyneighborsattendedandvoicedtheirconcerns about thisfacility operating withinour residentialarea. AResCare representative statedthey currently have afacility inRobbinsdale, inasimilar residential area. Thisfacility isnotina comparable residentialarea. Myhusbanddrovetothisfacility andnoteditwasin amuch busier, urbanarea. Asimple Google Earthsearch showsitisnot aresidential areawith single family homes likeours. Thisfacility, at3766WBroadwayAve, issurroundedbyrental apartments, commercialbuildings, andbusystreets. https://earth.google.com/web/@45.02410136,- 93.3307709,279.37964683a,168.80713801d,35y,73.11175708h,44.99649196t,0r/data=ClcaVRJ NCiQweDUyYjMzM2UxYTFjYTllYzk6MHg1ZTM5Y2UwMmNmNzUxMDIZACZfvxaDRkAh8WWiCCl VV8AqEzM3NjYgVyBCcm9hZHdheSBBdmUYAiABKAI ConcernswerealsoraisedaboutResCare. ResCare is, or hasbeen, involved inlawsuitsin several states. Many neighborsspoke of these concerns. Wefeeltheconcerns raised, andthe seriousoccurrencesatResCare facilities, demonstrate –withoutadoubt- that thisfacility does notbelongin thisneighborhood. Otherneighbors andcommunitymembers havedone considerable research andfound thatemergencycallstothese facilitieshappenfrequently and wouldclearly disruptthelivesofnearbyneighbors andfamilies. Emergency services were calledtothree differentResCare facilities, inMinnesota, 61-86times inayear. The facility in Robbinsdale (theResCarerepresentative keptreferringto) had86callsin2018; that’sa call every 4days. Wethank youfortaking ourconcerns underconsideration and hopeyouwillmoveto NOT grant theconditional usepermit toResCare forthisfacility. Please imagineifitwasyourfamily, children, or lovedones livingnextdoortothis establishment. We stronglyfeeltheremustbe a betterlocation forthisinstitution. Thisareaisstrictlyresidentialwith nopublic transportation nearby, oreasilyavailable, forthese people tore-integrateintosociety. Ona personalnote, wehavelivedinthisneighborhood for15 years. Wepurchased ourhome notlongbefore thehousing crashandit hastakenusthislongtoregain ourproperty values. Putting thisfacilityinourneighborhood couldhaveadrastic impactonourhome values andwe standtoloseallthe valuewehaveonlyrecently gotten back. While manypeoplewere foreclosing andselling, westuck itoutknowing property values wouldrise againifwewaited. Nowweareinfearoflosing everything wehaveworkedsohardtokeep. Wealreadyknowof several neighbors whoareready tosell, orhavealready listed. Wehavealso spokenwith a realtor andarestrongly considering listingourhome because ofthisissue. Wewouldhave happily livedinthishouseuntilretirement andfeelwe arebeingforced tomakethisdecision basedonthe possibilitythispermit couldbeapproved. WhileI’msureour neighbors have provided youwithmuchmoreinformation, belowyouwill findsomeexcerpts ofcomplaints, crimes, and issuesoccurring atResCarefacilitiesmuchlike theonethey willput inourneighborhood. Please considerthese carefully whendeciding whethertheyshouldbeallowed inthisfamily-oriented, residential area. Theneighborhoods surroundingthisbuilding consist offamiliesandsenior citizens. Theschoolbusstopisrightat theend oftheblock nexttothisfacility. Within amile radius, thereisanearlychildhood center, apark, and asenioractivity center. Thesearevulnerable placesand wemustconsider thesafety ofthechildren andpeople inthisarea.Again, westrongly urgeyoutovoteNOto theconditional usepermit. Thesafety andfinancialstabilityofourneighborhoodisat stake. Wefeeltheevidence thathas beengathered byour concernedneighbors andcommunity members isoverwhelming andsupportsour requestto NOTgiveResCare aconditional use permit. Thankyouagain fortaking thetimetolisten andconsiderourconcerns. Respectfully, Michael andRobin Chopskie 1757Tipton Circle Excerpts: From2012 to2016, thestateOffice ofHealthFacilityLicensureandCertification confirmed 32 complaints among 10WestVirginiaResCare agencies. Theseincluded allegations ofneglect, sexual abuseandissueswiththetrainingandstaffingofemployees. JeremyBush, 13, tookaDodgeCaravan from Woodward Children’sHome, aResCarefacilityin Charleston, anddrovehalfamilebeforehecrashedintoastonewall. Fireconsumed the van, andBushdiedatthescene. Thoughhisdeathisstillunderinvestigation, stateOHFLAC surveyors recentlyverifiedseveralcasesofclients leaving otherResCare locations. AResCareagencyinClarksburg discovered aneighbor ofonefacility returned itsresidenton Jan. 17, 2016. Itwas theclient’s fifthtimeleaving withoutanyonenoticing. Thecliententered theneighbor’shomeand madehimselfacupofcoffee. Whentheneighbor broughthimhome, shefoundanunlockedgate, afaultydoorbellandastaffmember asleepon thecouch, according toOHFLAC. Afacility under thesameagencylostaclientin 2015andfound himin acompanyvehiclelater thatday. Anemployee reported thedisappearancea daylater aftersheoverheard twonurses talking about theincident. AResCare facilityinParkersburg waitedtwodaystoreportanemployee whosexuallyabused twoclientsin2015, OHFLAC found. In2015, awomanemployed bya ResCare officeinBuckhannonsaidshesuffered from nightmares afteraclient triedtorapeher atanunderstaffed residentialfacility. Inits lawsuit, theStateofTexas andMs. Hudnall allegedthat, since onor beforeJune2000, ResCareandCitadel, defrauded andcontinuedto defraud, stateand federal governments outof millionsofdollarsthroughvarious false orfraudulentschemes emphasizingprofitsoverpatient healthandwelfare. Thesepractices included: 1.BILLINGFORMENTAL HEALTHSERVICES THATWEREUNNECESSARY, ILLEGAL, ORWERE NEVERACTUALLY PROVIDED; 2.FALSIFYING PATIENT RECORDS TOJUSTIFY CONTINUED BILLINGFORTREATMENTS AND SERVICESWHICH WEREOFNOHELP TOPATIENTS; 3.BACKDATINGANDFALSIFYING TREATMENT PLANS ANDPATIENT RECORDS TOENSURE THATMEDICAID ELIGIBILITYWOULDNOTLAPSE, SOTHAT BILLINGFORUNNECESSARY SERVICESCOULD CONTINUE; 4.BILLINGFORUNNECESSARY AND NON-REIMBURSABLE RECREATIONAL ACTIVITIES SUCH ASPIZZAPARTIES ANDCARRIDES; AND 5.BILLINGFOR THERAPYSERVICES WHILEPATIENTS WERE ACTUALLYASLEEP. InKentucky: The lawsuitwasfiled inLakeCircuit/Superior Courtafter MeganCatherineAkers, 33, aChestertonresidentandemployee ofResCareInc., waschargedinLakeSuperior Court withbatteryandneglectofadependentintheallegedassault.Akerswas oneoffive ResCare employeesto be charged withbatteryandneglect ofadependent inthreeseparateincidentsat twoHobart grouphomesthatoccurred inApril andMay. Inoneoftheotherinstances, the victimsufferedthreebrokenribs. BATONROUGE - TheLouisiana DepartmentofHealthlaunchedan investigationintoalocal grouphome afteraLivingstonParish residentwas leftwithabrokennoseandurinated onby another resident. Theinvestigationrevealedatleast13deficienciesthat needed animmediate correction, according tothe67-pagereporttheWBRZ Investigative Unitobtained. Kentucky\] Thehome, whichisowned byResCare, housesmen withspecialneeds. HardinCo. Sheriff John Wardsaid aResCare employeecalled911justbefore11p.m. Tuesdayto reportthe co-workerthatshe wasrelieving hadbeen attacked.Deputies foundSallyBerry’slifeless body lyinginapoolofblood. Shehadbeenbrutally stabbed multipletimes, Ward said. The66-year- oldRadcliffwoman was aResCare employee whoworked asacaretaker atthe home. According toanarrestcitation, LindaleCunningham, a32-year-oldresident ofthe group home, confessedtocrime. Hewasoneofthree men beingcaredforatthehome. RedBluff\] We’recontinuingtoseek answersasthe March5deathofaWestCarrollton group homeresident hasbeen ruledahomicideandanOhiodisabilities advocacygroupsaidit is investigating thefacility. JerroldDuskey, 65, died fromcomplications ofmultiplebluntforce injuries tohishead, torso andleftupper extremity, theMontgomery CountyCoroner’sOffice said Monday. The companythat manages theResCare Red Bluff facility – ResCare Inc. — has saiditdismissed twoemployees who wereworkingduring theincidentanditis cooperating withlaw enforcement. From:michaelchopskie To: Carlton, Zachary; Dietz, John; Christianson, Garrett; Ovall, Nate; Wagner, Jennifer; Westgaard, Matt; Police- CivicPlusEmails Cc: michael chopskie; Robinchopskie Subject: Notesforcitycouncilregarding ResCare"sresponses Date: Tuesday, January15, 201910:20:06 AM DearElkRivercitycouncilmembers & Mr. Mayor – Below aresomecommentsbasedon ResCare’slessthancomforting responses toourneighbors questions. In short, this facility isexactlywhatwethink itisandwill beadetrimenttoourcommunityifplacedina peaceful Single Familyneighborhood. Iurgeyoutotake5minutes andreadmy responses andmoreimportantlyI needyouto understand thatwewill NEVERFEEL SAFE INOURHOMESIFTHISFACILITY ISALLOWED. I’malsorequestingthatmy responses beenteredintothe publicrecordregardingthisproposal. Thanks toallofthecitycouncil members andthemayorforhearingourvoicesonthis issues. You’ve allbeengenerouswithyourtimeinlisteningto theneighborhood fearsand frustrationsregarding thisproposal. Bullet #2 – ResCareresponse toquestion ofwhether SexOffenderswillbe allowedinfacility. ResCare response - Wemaytakealevel1or2sexoffender. Theyclearlyliedorwere notinformed oftheirownpolicy duringthepublic hearing, we WILLNOTACCEPT THIS ANDWILLFEELUNSAFE INOUR NEIGHBORHOOD. Bullet #6 – Legalramifications forthecityifResCareCUPisturned down. Thisisclearly a veiledthreattothe citycouncilthatResCare willsue ifyoudon’t seethings theirway. It isanothercaseof alarge company withdeeppockets pushing aroundthelittle guy. Thelosersinthisproposal are thecityand myneighborhoodandthewinner isResCare andtheirbottomline. Theycannotfulfillcondition #1andwe’llnever feelsafeagain in ourneighborhoodifthisfacilityis putin. We'veprovided morethan enoughevidence thatmyneighborhood willbeunsafeduetothisfacility andtheverynature ofthepatients thattheywouldbe taking in. Wouldacounter proposal toallowthemintoadifferent building thatisn'tnestled inalandlocked singlefamilyneighborhood bealastminute possibility? Canwe re-openthepossibility ortheoldISD building oristheirabetter compromise elsewhere? Bullet #10 – Thecitycouncil putamoratorium on theCUPandzonechangesinthe downtownareatoblock ResCare fromputtingthisfacilityintotheSchoolDistrict office in theSummerof 2017. Whydoes thisfacility seemmoreappropriate inthemiddle ofaSingle Familyneighborhoodwherefamiliesliveratherthan inthe middleofacityspace. Whatwas thedetailsurrounding these eventsthatledtoResCarethreatening myneighborhood. More importantlywhydoes theCUPallowanysortofinstitutional useofanysort? These were clearlydesigned forpeoplewhowanttorunadaycare outoftheirhouse orputachurch inaneighborhood. RESCAREisexploiting aloophole intheCUP thatitwasnever meant fortoputafacilityinourneighborhood. Bullet #11 – Isthe ElkriverPolice departmentSatisfied thatResCare willputextra pressure ontheirdepartment – ResCare saysthatisimpossible toanswer. Didanyone askthem, andifsowhatwastheir response? Iftheydidn’tthenIwouldsaythat thecity council hasdroppedtheballbecause thisisanenormous safetyissue. Bullet #12 – Does theElkRiver Policedepartment hasanyconcerns aboutthesafetyofthe neighborhood considering thetypesofpatients thatwilloccupythisfacility? – ResCare says thatisimpossibletoanswer. Didanyone askthem, andifsowhatwastheir response? Iftheydidn’tthenIwouldsaythat thecitycouncil hasdroppedtheballbecause thisisanenormous safetyissue. Bullet #17 – WilltheResCareFacility adverselyaffectpropertyvaluesintheneighborhood. Theyclaim theywould “reactaccordingly” ifthehomevalueswithintheneighborhoodwere to beadverselyaffected. Thismeans literallynothing. Zerodetailis given. Would ResCarelike tobuyall ofthesingle familyhomesthatwillbe adverselyaffectedbythisfacility atcurrent market raterightnowpriortothem dropping allofthevalues? Thisfacilitywillnot helpthe home values andismorethanlikelytoadversely affectthem. Itcertainly doesn’tmakeitan attractive neighborhood tolivein. They willclaimtaxvalue willdictate thevalue ofthehomes butthatisnotacorrect indicator when somethinglikethiscomesintotheneighborhood. My homeisworthwhatsomeone iswillingtopay meforitandIstandtoloseall ofmy equityif thisisallowed. SoIasa resident pleasedon’tallowthiscompany, whichcouldputtheir facilityanywhere, to destroywhatlittle equityI haveinmyhomeandsetmyretirementbackanother5years. Bullet #23 – Whatzoningdistricts aretherestofthesefacilitieslocatedin. Please takenoticethat thisistheonlyFacility thatwouldtrulybelocated inaSINGLE FAMILYRESIDENCE. Therest arelocated inzones where there areapartmentbuildings andcommercial businesses. Thisisn’tanappletoapplescomparisonsoforallintents and purposes mysingle familyneighborhood fullofchildrenwill becomea testingground ofsorts. WeWILLNOT ACCEPT THIS AND WILLFEELUNSAFE IN OURNEIGHBORHOOD Bullet #26 – Question ofsheer numberof policecalls. Weexpecttoseeapolicecruiser andpossible ambulance every 4.2daysin our neighborhood. Thatistheaveragein theRobinsdale MNfacility. ResCare claimsthatthey will “comeupwithaplantolimitdisruptiontothecommunity” Dothey haveanythinginwriting? Theyclearlyhaven’ttalkedwiththelocalpoliceandfire departments? What isthatplanexactly, because whatthey’vewritten hereisn’tlegallybinding. Myguessistheirplanistodonothing, absolutely nothing. Onceagain, Iask, hastheElkRiver Policedepartment andFiredepartment been contactedaboutanyofthis? ADMISSION CRITERIA 6 – individual needsa "restrictive setting" andisat riskofsignificantfunctionaldeterioration ifintensive residential treatment services arenotreceived. Thisisn’ta “restrictive setting” that ResCareis proposing, Bytheir ownwordspatientsare allowedtocome and goandbetreated likeadults. These twostatements arecontradictory. OTHER DIAGNOSTIC CATEGORIES ANDCLASSIFICATIONS 1 – Wewilltakeclientswhohaveasecondary diagnosisofchemical dependency. Inthepublic hearingResCarewentoutoftheirwaytostatethatthiswasn’ta “treatment facility” butchemicaldependency isaconcernwiththesepatients, iftheygooffoftheirmeds andself-medicate these peoplecanbedangerous. 4 – Justtoreiterate - Wemaytakealevel1or2sexoffender. Theyclearly liedorwerenotinformedoftheirownpolicyduringthe publichearing, we WILLNOTACCEPT THIS ANDWILLFEELUNSAFE INOUR NEIGHBORHOOD. CLIENTSWITH FELONIES ANDGROSS MISDEMEANORS ResCare response – Itwouldbeimpossible tosaywe willnevertakeapersonwithaFelony or GrossMisdemeanor. ItissafetosaywewillfromtimetotimetakeaclientwhohasaFelony ofGrossMisdemeanor. Thisspeaksfor itself - weWILLNOTACCEPTTHIS ANDWILLFEELUNSAFE INOUR NEIGHBORHOOD. ResCareendedtheirstatement withthis: Wewill nottakeclientswhoareclassified asMentally IllandDangerous.” Theycannotguarantee this. Theirclients aresuffering fromSevere andPersistent Mental Health Issues (SPMI). Thisisaveryunpredictable population of peopleto introduce into a single familyneighborhood. Ifyou voteYES, wewill beallowing thebelowintoavulnerable neighborhood, can we affordas acitytotakethisrisk. What ismyfamily’sandmyneighborssafetyworthto thecouncil? Severeand Persistent MentalIllnesses Schizophrenia, aserious mentalillnessthatinterferes withaperson’sabilitytothink clearly, manage emotions, makedecisions, and relatetoothers. Schizoaffective disorder, achronicmental health conditioncharacterized primarily bysymptomsofschizophrenia, suchashallucinationsordelusions, andsymptomsofa mooddisorder, suchasmania anddepression. Delusional disorder, aserious mentalillnesscalleda "psychosis," inwhichaperson cannot tell whatisreal fromwhatisimagined. Themainfeatureofthisdisorderisthe presenceofdelusions, unshakablebeliefsinsomethinguntrue ornotbased onreality. Bipolar disorderormanicdepression, a chronicandrecurringcondition that involvesseveremoods swingsthatgobackand forthfromthehighsofmaniatothelows of depression. Severedepression, amooddisorder thatcausesapersistentfeelingofsadness andloss of interest thataffectshowsomeone feels, thinks, andbehaves, andcanleadto avarietyof emotionalandphysicalproblems. Personality disorder, adeeply ingrainedpattern ofbehavior thattypically manifests during adolescenceandthencarries intoadulthood, thatcauseslong-termdifficultiesin personal relationships orinfunctioning insociety. Thanks foryourconsideration - Michael & RobinChopskie ResCare Minnesota CUP ÏInstitutional Use From: noreply@civicplus.com [mailto:noreply@civicplus.com] Sent: Tuesday, December 18, 2018 11:19 AM To: Allard, Tina Subject: Online Form Submittal: Send Tina Allard an Email Send Tina Allard an Email TO: Tina Allard First Name John Last Name Schierschmidt Reply Email Address john55schierschmidt@gmail.com Subject city council meeting of December 17, 2018 Section Break) Comments in reference to: discussion on rescare being allowed into the old masonic lodge to house mentally disabled patients in our residential neighborhood. Please inform city council that I felt that and the other neighbors felt that our words did not matter and that the city council would approve this business into our neighborhood. I also feel that the city council should listen to the residents, simply put it doesn't matter whatever facts that is out there, the fact that all the residents do not want the kind of business into our neighborhood. first of which I asked the City Council if this approval was already a "done deal" when I told the council that surveyers and utility finders were out and measuring the ground and painting the ground the one guy told me that they were expanding the sewer system and I was told that they "the Council" knew nothing about this is a BS statement someone knew about this because the person doing the survey was from the city of Elk River. John Disclaimer Information submitted is considered public data. Email not displaying correctly? View it in your browser. From: <noreply@civicplus.com> Date: December 31, 2018 at 2:26:22 PM CST To: <nate.ovall@elkrivermn.gov> Subject: Online Form Submittal: Send Nate Ovall an Email Reply-To: <paulsheets@charter.net> Send Nate Ovall an Email TO: Nate Ovall First Name Paul Last Name Sheets Reply Email Address paulsheets@charter.net Subject Proposed Residential Care Facility Section Break) Comments Mr Ovall: Concerning the proposed Residential Care Facility on the corner of Tipton and Upland Avenue. I live in that neighborhood. We do not want that facility located here. It is not a good fit for this area: The building or property location were never designed for such a purpose. Upland Ave and Hwy 10 are very high traffic areas - what about the safety of the patients? Many children and school bus stops in the area. Many elderly residents in the townhouse development 1 block away. This will drop our property values. Our personal security and safety becomes a new major concern. I have zero confidence in ResCare. We don't need any more stress in our lives. Please Vote No. Disclaimer Information submitted is considered public data. Email not displaying correctly? View it in your browser. From: john schierschmidt <john55schierschmidt@gmail.com> Date: January 15, 2019 at 1:30:21 AM CST To: <nate.ovall@elkrivermn.gov> Subject: Res Care I’m asking that you vote no on ResCare it is unreal to think that a yes vote will bring level 1 and 2 sex offenders into residential neighborhood. Please vote no before before you read it in the news please John Schierschmidt From: Deborah Weston <dweston@ga-er.org> Date: January 20, 2019 at 1:49:12 PM CST To: "john.dietz@elkrivermn.gov" <john.dietz@elkrivermn.gov>, garrett.christianson@elkrivermn.org" <garrett.christianson@elkrivermn.org>, nate.ovall@elkrivermn.gov" <nate.ovall@elkrivermn.gov>, "jennifer.wagner@elkrivermn.gov" jennifer.wagner@elkrivermn.gov>, "matt.wstgaard@elkrivermn.gov" matt.wstgaard@elkrivermn.gov> Subject: ResCare Facility Dear Mayor Dietz and Elk River City Council Members, I am writing to you with great concern regarding ResCare Facility possibly moving to my neighborhood. Please vote against ResCare moving into our residential neighborhood thus keeping families and individuals safe and out of harm’s way. YOU have the power to keep us safe! I am a single senior who just moved to my beautiful townhome, 1797 Tipton Circle, last year from my Maple Grove home where I raised my children and lived 43 years. I moved to Elk River because I’ve worked and volunteered in this wonderful city for the past 11 years and found a beautiful townhome in a small senior community on Lake Orono. It is very safe, quiet, and close to work, friends, and the organizations in which I volunteer. I was out of town on December 17th when the Council met regarding ResCare moving into the Masonic Temple building. I was so relieved to learn that you extended the timeline to make a decision to conduct more research on this company. Thank you. Initially, when I heard that ResCare applied to move into our neighborhood, I was concerned but felt it might work. After my neighbors provided me with the police records from the ResCare facilities in Brooklyn Center, Fridley and Robbinsdale I became fearful that my safety and safety of my neighbors would be at risk. Many of the police records stated missing persons and drug issues. Where are clients going to go? Highway 10 is on the North side of the building so most likely our residential community would be the most likely exit route. Please know that I am very pro treatment centers/facilities, but feel strongly that the proper location of a center, such as ResCare, is very important to the well-being of the clients being served along with those residing in the surrounding area. The proposed location of ResCare, on the corner of Hwy 10, Upland Ave and Tipton Circle, a is the only non-residential building. There is minimal outdoor space for clients to explore and enjoy. As I mentioned above, our neighborhood is basically the only other option which could put all who reside here at risk. ResCare should look at a more functional location, not in a residential community, that is better suited for this type of treatment center. In the last several weeks, a number of my neighbors have their homes up for sale. Panic has set in. We are all concerned for our safety. Also, our property value will most likely be decreased. What would your reaction be if this facility was going to be located in your neighborhood? For me, if ResCare is allowed to move here, my safety will be in jeopardy. Thank you again for your continued fact finding on this company. I’m praying that our City Council will make the correct decision and veto this request and keep our neighborhood safe. Sincerely. Deborah Weston 1797 Tipton Circle NW, #110 763-360-4696 Deborah Weston Director of Fund Development Guardian Angels Senior Services 508 Freeport Ave. NW, Suite A Elk River, MN 55330 Direct: 763-635-4485 Main: 763-241-4428 Cell: 763-360-4696 www.GuardianAngelsMN.org From: Martha Travis <mqtravis@aol.com> Subject: Proposed Facility for 633 Upland Avenue Date: January 21, 2019 at 5:11:41 PM CST To: john.dietz@elkrivermn.gov, jerry.olsen@elkrivermn.gov, matt.westgaard@elkrivermn.gov, nate.oval@elkrivermn.gov, jennifer.wagner@elkrivermn.gov Dear Mayor Dietz and Council members Olsen, Westgaard, Oval, and Wagner I live on Tipton Circle in Elk River and am writing to urge you to vote against the conditional use permit for the proposed facility at 633 Upland Avenue. Please see the attached letter for more details on why I object to this facility. Thank you for listening to my concerns, Martha Travis 1797 Tipton Circle Elk River, MN 55330 763-441-2211 January 21, 2019 Dear Mayor Dietz and Council Members, Re: Proposed Facility for 633 Upland Avenue I am writing as a concerned citizen and neighbor regarding the proposed residential treatment center for 633 Upland Avenue. I believe this is not a good location for this facility and I urge you to vote against the conditional use permit that would allow this facility. I have lived on Tipton Circle for twenty-one years and it has been a safe and peaceful place to live. I believe that the proposed residential treatment center is not a safe or suitable activity to have within a residential area of single-family homes and townhomes. Testimony included in previous hearings and documented in city records show examples of serious incidents at other ResCare facilities, involving both patients and ResCare employees. While we would all hope this would never happen, these incidents should not be ignored when considering this facility. My objection to this facility should not be taken to mean that I think this type of facility is not necessary in our society. On the contrary, I understand that mental health treatment is necessary for comprehensive medical care. However, the placement of this facility should not be in a neighborhood setting. To reiterate, I urge you to vote against the conditional use permit that would allow this facility. I believe it will create an undue safety risk in the neighborhood, and further, will diminish the value of real estate in the neighborhood. Thank you for listening to my concerns. Sincerely, Martha Travis 1797 Tipton Circle Elk River, MN 55330 Ciry Council Minutes Page 3 January 22, 2019 Mayor Dietz administered the oath of office to Patrol Officer Ryan Sisterman. 6.5 Pinewood Year-end Update Chris Singer, Pinewood Golf Course General Manager, presented the Pinewood Golf Course update. Councilmember Westgaard asked Mr. Singer about the course profitability. Mr. Singer stated he was happy Pinewood had seen a small profit despite a short golf season in 2018. Mayor Dietz said he thought the golf course staff did a good job with the course however he was concerned about the financial situation of the golf course. He distributed materials with financial information and asked Mr. Singer and Ms. Ziemer questions regarding the cost to the city. He clarified the final cost was break even. Fay Huselid spoke from the audience commenting on the quality of the golf course but felt it should be treated like a city park. 7.1 ResCare Mayor Dietz introduced the ResCare topic and asked the council if they had questions. Mr. Beck read a prepared statement reminding those in attendance that the time to make verbal comments had passed and the purpose of the meeting was for the council to discuss. Councilmember Westgaard asked Mr. Beck if they could add a condition to revoke the process if it did not meet standards of city code. Mr. Beck stated Conditional Use Permits (CUPS) are valid as long as conditions are met. If conditions are not met, a revocation process can begin but the CUP cannot be taken away without due process. The condition would not need to be added but could be if the council was interested. Councilmember Ovall asked Police Chief Nierenhausen if he could provide data on the number of group homes already existing in Elk River and the volume of calls received by the Police department from these facilities. He also wanted to know the Police activity for the Tipton neighborhood. Police Chief Nierenhausen responded that in 2018, 55 calls were received from the current 17 group homes. He would need more specific direction to obtain the information on the Tipton neighborhood. P 0 1 E R I I Ir NATURE City Council Minutes January 22, 2019 Page 4 Councilmember Christianson asked ResCare if there were any mental illnesses they were not equipped to help and was there criteria in place to deny admission. Thomas Alf, Executive Director for ResCare, 4440 Beard Ave N, Robbinsdale, stated ResCare does refuse admission to potential residents if the person is deemed to be a danger to staff or the community through their own assessment. Councilmember Ovall asked how many ResCare facilities are nationwide and if the designation of Intensive Residential Treatment Services (IRTS) is different. He questioned if there are there similar IRTS facilities nationwide. Chris Jacobson, healthcare real estate advisor, stated there are six IRTS units and they are all in Minnesota. Councilmember Ovall asked for clarification on dealing with transition care for those whose LOCUS score rating was Level 5. What is the relapse rate? If there is an 80% successful transition to the next level of care does that mean there is a 20% relapse rate? Mr. Alf responded there was about a 20-30% relapse rate within the first 3 months, after which time it becomes difficult to track. Councilmember Wagner wished to clarify the term "relapse." Mr. Alf clarified there are six possible levels. If a resident has to return to a hospital or a Level 5 care facility or higher within three months it is considered a relapse. Mr. Jacobson added Minnesota is unique in healthcare. He stated the fact that Minnesota has the IRTS program is a bridge for mental health patients rather than going straight from the hospital to a neighborhood. A member of the audience asked what the Level 5 designation meant. Councilmember Ovall responded it was public information in the packet that was distributed to the council. Mayor Dietz reminded the audience the time for public comment was over. A ResCare representative explained Level 4 meant the resident was able to live in an apartment and take care of themselves while a Level 3 was similar to a drop in center. Councilmember Ovall asked ResCare what steps they took to find out if potential residents had gross misdemeanors or felonies. He questioned if background checks are done and what the selection criteria is to fit into the community? P11EIE1 11 NATURE City Council Minutes January 22, 2019 Page 5 Mr. Alf said the facility looks at the current client mix and may not take on more residents with the same condition if staff and facilities cannot handle it. He said ResCare goes though the interview and looks at their records when available. He stated clients can choose whether or not to disclose information and records may not tell if they have a felony. He said this type of information is not obtained if they are going to into the hospital. Councilmember Ovall asked about the client interview process and if it assigns a risk rating. Mr. Alf said ResCare has an initial interview that goes through life areas. It is up to the clinical director to determine how this person fits and their level of risk. It is not a checklist but based on expert opinion. Councilmember Ovall asked if the decision is documented. Mr. Alf responded it is documented and there is a diagnostic assessment within five days which informs the treatment. Councilmember Christianson asked if people can come and go as they please. He toured the Robbinsdale ResCare facility and one of the main issues on the police reports provided seems to be missing persons. He questioned if there is anything that can be done to control that process. Mr. Jacobson responded most of the time residents ride to appointments in a ResCare-provided van, they are not usually walking around. The facility is required by law to report someone who has been gone more than 24 hours as a missing person. With an estimated 600 patients per year using a 16 bed facility, the number of calls is relatively low. In addition, the calls are not for violent crimes. They are a vulnerable, at risk population. Councilmember Christianson mentioned he had read through the provided police reports from Brooklyn Center, Fridley, and Robbinsdale and noted calls for disrupting the peace and intoxication. Mr. Jacobson said the comment was vague and asked to quantify it. He said, if needed, ResCare will ask for police assistance to remove a resident if they don't follow the rules. Councilmember Wagner asked ResCare if, after hearing resident and Council comment, they felt ResCare was a good fit for the City of Elk River. Mr. Alf responded yes. When a ResCare facility was coming to the City of Fridley it was a very contentious topic, but now surveys of residents reveal the facility has melted into the community". He expressed a desire for ResCare to be part of the community and he is open to meeting with people now and in the future. In POWt0E0 01 ATURE City Council Minutes January 22, 2019 Page 6 addition, the Elk River facility would be adding a layer of supervision by having a clinical director mentoring other clinical directors for 30% of the time. Mayor Dietz asked each councilmember to state how they would be voting and give a reason why. Councilmember Christianson pointed out Item 1 of the CUP "Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience or general welfare of the neighborhood or the city." He did not feel this section was met. Councilmember Westgaard thanked ResCare and residents for participating in the process. He does have concerns about what is going to happen at the facility, the level of safety, and the continuity with the neighborhood. He is unsure if this is the best location for a facility like this even though it is a permitted use in a residential zoning district. He reminded those in attendance the applicant had requested use of this site and it was not the city. In addition, just because it is zoned that way doesn't automatically mean it will be granted. The application, applicant, specific use, and location must also work. He warned people of jumping to worst case scenarios, there are already dangerous people in Elk River. ResCare is not a treatment institution but a step to reintroduce people back into the community. He doesn't see it as a threat to the neighborhood as much as creating its own internal turmoil. While no one denies this facility is needed, no one wants it in their backyard. However, the facts of the application meet the standard of the city code and, from a governance standpoint, the Council should accept it based on merits and what has happened and not what is imagined. Councilmember Ovall thought it was odd that there was very little comment during the Planning Commission meeting where the project was introduced. He has a difficult time with the location. In 2018, the current 17 group homes in Elk River averaged three calls per facility. In contrast, ResCare facilities in other cities seem to have a great deal more police calls and he doesn't see how it can't be disruptive to the neighborhood. He feels it would be better to locate it in a commercial or retail type setting. Currently, the proposed site is single family homes, people who may have lived there for a long time and are established. Putting it in a mull -tenant neighborhood might be better as there is more home turnover. He would like to look for evidence of fact for denial. Councilmember Wagner has asked herself if this is the right location but believes it is overstepping duties as a Council to tell a business whether or not they should be somewhere else. She appreciates the community feedback. Fear of the unknown can take us to scary scenarios but rather than considering the facility residents as "they" we should view them as humans needing these services. Instead, the Council should ask if it meets the criteria. Someday, we may need to use a facility like this. She is in favor of allowing it. 1 1 0 E A t Ie r ATTR City Council Minutes January 22, 2019 Page 7 Mayor Dietz struggles with balancing the rights of property owners with the rights of the patients. He believes the police department can handle the number of calls and the quantity or predicted quantity of police calls is not used to allow or deny a business. Currently, Elk River has 40 Level 1 and Level 2 sex offenders living in the city however they are not all in one facility. The residential area is dense compared to other ResCare facilities. Should the Council consider rezoning a different building in a commercial or industrial district to allow ResCare to go there instead? Although Item 1 of the CUP is a subjective statement, he believes it is not met and will vote against it. Mr. Beck asked for additional information from the Council on their reasoning behind denial. Counciltnember Ovall reviewed some of the points expressed by the Council including the police call activity, the newer business model of IRTS, and the location being in a dense single-family home neighborhood versus a multi -family or retail area which may affect the use and enjoyment of nearby property. Mr. Beck will prepare a resolution consistent with the comments for the February 4, 2019, meeting. Councihnember Ovall encouraged residents and ResCare to remain engaged with the process. Moved by Councihnember Ovall and seconded by Councihnember Christianson to direct staff to prepare a resolution of denial of the Conditional Use Permit for the institutional use at 633 Upland Avenue on the grounds that standard number 1 of the standards for approval of the Conditional Use Permit is not met based on the findings of fact expressed by the Council at the January 22, 2019 council meeting. Motion carried 3-2. Councilmembers Wagner and Westgaard voted against. 8.1a Glory of Christ Church —Ordinance Amendment: Adding Institutional Uses to MU -ERP District 8.1b Glory of Christ Church —Conditional Use Permit: Operate a Religious Institution Mr. Leeseberg presented the staff report. Mayor Dietz opened the public hearing. Rich Schultz, 15894 54`h St NE, St. Michael, owner of Freeport Business Center, spoke about parking concerns as well as proposed signage. He stated his tenants have applied for additional signage in the past and been denied. IOW I R 1 0 8t NATURIE